Kerala High Court Passes Interim Order Permitting Fire Works At Ernakulam Shiva Temple, Issues Directions

The Division Bench, last year, had observed that firecrackers could be burst between 6AM to 10 PM and that the District Administration could take a call on the bursting of crackers during odd hours.

Relying upon the Division Bench decision, Justice Viju Abraham observed thus:

“Taking into consideration the fact that though very same reasons have been stated earlier for rejecting the application, division bench of this Court as per Ext.P2 and the learned single judge as per Ext.P4 has directed the 2nd respondent to issue necessary permission to conduct fireworks display for earlier years, I am inclined to pass an interim order in the nature of Exts.P2 and P4. Therefore, there will be a direction to the 2nd respondent to issue necessary permission for conduct of the fireworks display on 22.01.2024 and 24.01.2024 in connection with the valiya vilakku and Arattu at Ernakulam Siva Temple.”

Additionally, the Court issued the following directions:

1. The fireworks could be carried out only using specific items allowed by the Court under the supervision of competent persons having valid licenses.
2. Magazine/storeroom to be maintained at a distance of 200 meters from the site of the fireworks display.
3. Fireworks are to be carried out under the supervision of authorities under the Revenue Department, Fire Safety and Police Department.
4. Barricades are to be put on all sides at a distance of 100 meters from the fireworks display point before the commencement of fireworks.
5. Persons shall not enter in prohibited areas, that is, within 100 meters.

The Ad Hoc Committee of the Ernakulam Shiva Temple has approached the Court seeking permission to conduct fireworks. They submitted that Ernakulam Siva Temple is one of the major Temples in Kerala and fireworks have been carried out on the day of Valiya Vilakku and Arattu as per the practice and custom.

The Court was also apprised that Ernakulam Shethra Kshema Samithy has conducted a quantitative risk assessment study through an agency named EPINOX Prompt Consulting Engineers Private Limited. Further, the study stated that fireworks were safe to be conducted.

It also stated that in the years 2020 and 2022, the Court had permitted for conducting of fireworks. Accordingly, the Court directed the District Collector to grant permission for the display and conduct of fireworks by issuing interim orders.

In an earlier writ petition, a single judge had imposed various restrictions upon the bursting of firecrackers at odd hours in religious places. Later, the Division Bench had clarified that firecrackers could be burst between 6 AM to 10 PM as per the directions issued by the Apex Court - IN Re: Noise Pollution – Implementation of the Laws for Restricting use of Loudspeakers and High Volume Producing Sound System. It also stated that the state authorities could pass specific orders on the bursting of crackers during odd hours on a case-to-case basis.

The petitioners were represented by Advocates K.Anand, Benny Antony Parel, Ameer Salim.

Case title: Ernakulam Sivakshethram v State of Kerala

Case number: WP(C) NO. 2659 OF 2024

Click Here To Read/Download The Order