Amended safety rules for permanent fireworks shops cannot be insisted on for a temporary festival licence, Kerala High Court holds

15 October 2026

Justice G. Girish of the Kerala High Court held that the amended requirements in Rules 83 and 86 of the Explosives Rules, 2008 cannot be insisted upon when a temporary licence for a fireworks shop is applied for. The ruling came in WP(C) 31093/2026, filed by Prasanth K., who sells fireworks temporarily during festival seasons, against the District Collector, Thiruvananthapuram, and another respondent. The Collector had asked the Tahsildar, the Station House Officer and the Fire and Rescue Services to check compliance with the amended Rules 83 and 86. Amended Rule 83 deals with building layout and exits, while amended Rule 86 adds requirements such as fire detection, sprinklers and backup power. The court pointed to Rule 84, which separately governs temporary licences, and to the phrase 'existing fireworks shop' in sub-rule 7 of Rule 86, holding that the legislature consciously used that term. The court said there is no justification for insisting on compliance with the amendments made to Rule 83 and Rule 86, and directed the authorities to consider and decide the application without applying the Rule 86 amendment requirements. The judgment is reported as 2026 LiveLaw (Ker) 584.