Kerala HC Directs Municipality To Ensure Compliance With Statutory & Safety Regulations For Temporary Amusement Parks
The Kerala High Court directed the Aluva Municipality to ensure scrupulous compliance with necessary inspections and safety audits for the establishment of temporary amusement parks for the Shivaratri festival.
A writ petition was filed before the Court seeking a direction to the Municipality "to prohibit the operation of a temporary Amusement Park at Aluva Shivaratri Manappuram" without the necessary clearances, permissions, No Objection Certificates (NOC), and approvals from the competent officials.
A Single Bench of Justice Devan Ramachandran observed, “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.”
Advocate Azhar Assees represented the petitioner, while Advocate K T Thomas appeared for the respondents.
The petitioner pointed out the municipality's past “lackadaisical approach in the establishment of the temporary Amusement Park, thus endangering ordinary citizens.” He emphasized the need for strict compliance with guidelines enumerated by Government Orders.
The Municipality, on the other hand, had submitted that it would not have allowed the establishment of the temporary Amusement Park without obtention of every requisite permission, approval and clearance.
The Court held that any amusement park, whether temporary or permanent, must adhere to all legal requirements, particularly safety criteria.
A mishap could have a cataclysmic effect when it was common knowledge that a large number of devotees would throng the festival, the Court noted.
Accordingly, the High Court allowed the writ petition.
Cause Title: Sreejith v. The State Of Kerala & Ors. (Neutral Citation: 2024:KER:18164)
Appearance:
Petitioner: Advocates Azhar Assees, Harris Beeran and Anand B. Menon
Respondents: GP Vidya Kuriakose; Advocates K T Thomas, P.Mohandas, Nikhil Berny, K.Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, R.Bhaskara Krishnan, Bharath Mohan and K.P.Satheesan
