Kerala HC Permits 'Pappani' Burning During New Year Celebrations At Fort Kochi With Extended Security Precautions

The Kerala High Court has permitted 'Pappani' burning at Veli Ground in Fort Kochi for the upcoming New Year celebrations with extended security precautions.

The Court was considering Writ Petition filed by a Society registered under the Travancore Cochin Literary Scientific and Charitable Endowment Act in this regard.

The single-bench of Justice Harisankar V. Menon observed,"In my opinion, since the height of the pappni itself is over 35 ft, it would be in the interest of all to have the safety barricade at the circumference of 70 ft from the base of the effigy. In such circumstances, the petitioner is directed to extend the security precautions mentioned in paragraph 2, with the modification as regards the requirement of the safety barricade at 70 ft from the base of the effigy."

The Petitioner was represented by Advocate M.P. Sreekrishnan while the Respondent was represented by Special Government Pleader C.E. Unnikrishnan.

The Petitioner had contended that it has been erecting an effigy of “pappani” from time immemorial at the Veli ground in Fort Kochi and burning the same during the midnight of 31st December/1st January, every year and assailed a challening the order of the respondent directing the petitioner to remove the afore effigy within a time frame.

The Respondent had contended that the Police authorities are justified in issuing the impugned order taking into account the security of the persons who are coming during the new year season to the Veli ground.

The Court accepted the stand taken by the petitioner that the pappani was being burned at the Veli ground for the past several years. It also stated that the petitioner has already obtained permission from the Municipal Corporation wherein there is reference to ''pappani' also. It was statisfied with the security clearances obtained by the Petitioner from the concerned authorities.

"I also notice Ext.P4 relied on by the learned counsel for the petitioner, the remittances effected by the petitioner for obtaining NOC from the Fire and Safety Department, specifically with respect to the installation of the pappani. Similarly, Ext.P5 is also relied on by the petitioner, issued from the Electrical Inspectorate with respect to the installation of the pappani. A perusal of Ext.P5 would reveal that the same has been issued after the personal visit of the premises by the authorities concerned. In such circumstances, I am of the opinion that the petitioner, having obtained the required clearances from the Government Departments, is not to be interdicted from burning the effigy as sought for in Ext.P2.," the Court observed.

Additionally, the Court took note of the safety precautions safety precautions taken into account by the petitioners which the court found to be "sufficient enough". It, however was of the view that the extended security measures in the form of "safety barricade" are justified and thus asked the petitioner to modify the precaution list to adjust the same.

The Petition was accordingly disposed off.

Cause Title: Gala De Fort Kochi vs. Assistant Commissioner Of Police

Appearances:

Petitioner- Advocate M.P. Sreekrishnan, Advocate A. Muhammed Musthafa, Advocate V.R. Lakshmi

Respondent- Special Government Pleader C.E. Unnikrishnan, Standing Counsel D.G. Vipin

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