Amusement Parks Must Be Established & Operated In Strict Compliance With Law & Safety Requirements: Kerala High Court

“There can be little doubt that any Amusement Park - be that temporary or permanent - will have to adhere to every requirement in law, particularly safety criteria, because if any mishap is to happen, it would have a cataclysmic effect, especially when it is common knowledge that large number of devotees and others would throng the festival.” stated Justice Devan Ramachandran

The petitioner has approached the High Court seeking Aluva Municipality to prohibit the operation of a temporary Amusement Park at Aluva Shivaratri Manappuram without required clearances, permissions, and approvals from competent officials.

The counsel for the petitioner submitted that Aluva Municipality was exhibiting a lackadaisical approach in the establishment of the temporary amusement park and was endangering the lives of citizens. It was argued that temporary amusement park should be allowed to operate only in strict compliance with the law.

The Standing Counsel appearing on behalf of the Municipality informed the Court that a temporary amusement park would not be allowed to be established and operated without obtaining every requisite permission, approval and clearance as per the judgment dated September 29, 2020 in WP (C) No. 5673 of 2017 and Government Order dated August 20, 2020.

He thus sought for dismissal of the writ petition on giving an undertaking that the temporary amusement park shall only be established and operated with strict compliance of laws, especially complying with all applicable statutory and mandatory safety requirements.

Accordingly, the Court allowed the writ petition.

Counsel for Petitioner: Advocates Azhar Assees, Harris Beeran, Anand B. Menon

Counsel for Respondents: Government Pleader Vidya Kuriakose, Senior Advocate K P Satheesan, Advocates K T Thomas , P.Mohandas(Ernakulam), Nikhil Berny, K.Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, R.Bhaskara Krishnan, Bharath Mohan

Citation: 2024 LiveLaw (Ker) 166

Case title: Sreejith M B V State of Kerala

Case number: WP(C) NO. 1587 OF 2024

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