New Explosives Rules for Permanent Fireworks Shops Cannot Be Imposed on Temporary Shops: Kerala High Court

The Kerala High Court has directed authorities to consider an application for a temporary fireworks shop licence without insisting on requirements introduced through amendments to Rules 83 and 86 of the Explosives Rules, 2008, which the Court found were not applicable to temporary fireworks shops.

Justice G. Girish passed the order on October 6, 2026, while disposing of a writ petition filed by Prasanth K., who sought a temporary licence to sell fireworks during the upcoming festival season.

The Court clarified that the application must still undergo strict scrutiny under Rule 84 of the Explosives Rules, 2008, which governs temporary fireworks shop licences.

Background

Prasanth K. had applied to the District Collector for permission to operate a temporary fireworks shop during the festival season. The Collector subsequently directed the Tahsildar, the Station House Officer and the District Fire Officer to examine whether the requirements introduced through the amended rules had been fulfilled.

Challenging the insistence on these requirements, the petitioner approached the High Court. He argued that the amendments to Rules 83 and 86 were not intended to govern temporary fireworks shops and that his application should be assessed under the provisions specifically applicable to such shops.

The State, however, submitted that the petition was premature because the District Collector had not yet taken a final decision on the application and was awaiting reports from the concerned authorities.

Justice G. Girish examined the relevant provisions of the Explosives Rules, 2008, and distinguished the requirements governing temporary fireworks shops from those introduced for existing shops under the amended rules.

The Court observed,

"As rightly submitted by the learned counsel for the petitioner, Rule 84 of the Explosives Rules, 2008, governs the requirements and eligibility conditions to be fulfilled for the grant of temporary license for possession and sale of fireworks in a temporary shop."

It further held that the authorities were expected to examine compliance with Rule 84 when deciding whether to grant a temporary licence. Consequently, insisting on compliance with the amendments to Rules 83 and 86 was not justified in the circumstances.

The Court also relied on the wording of Rule 86(7), particularly its reference to an "existing fireworks shop". It observed that this expression indicated that the requirements under the provision were intended for fireworks shops of a permanent nature.

The judgment stated,

"It has to be taken that the legislature has consciously incorporated the above term in Sub Rule 7 of Rule 86, to make it clear that the requirements stipulated thereunder are meant for fireworks shops of permanent nature."

The High Court directed the District Collector and the other concerned authorities to consider the petitioner's application without applying the requirements introduced by the amendment to Rule 86.

However, the Court made it clear that the application must be subjected to strict scrutiny for compliance with Rule 84 before any temporary licence is granted.

The District Collector was directed to take a decision on the application within three weeks from the date of receipt of a copy of the judgment.