Disposed

Punchakkary G. Raveendran Nair v. State of Kerala

Kerala HC12 Jan 2021WP(C)/6654/2013

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing the Commandant General to file a report regarding unutilized funds for purchasing modern firefighting equipment. Court directed Secretary Home Department to ensure high-rise buildings have suitable firefighting equipment, install safety measures for residents, and expeditiously finalize pending proposals within four months.

What did the court decide?

Directed Secretary Home Department to ensure high-rise buildings have firefighting equipment and safety measures, and to finalize pending proposals for new ladders within four months.

Punchakkary G. Raveendran Nair Vs State of… — Public Procurement and Tenders | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.6654 OF 2013(S)

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PETITIONER:

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PUNCHAKKARY G. RAVEENDRAN NAIR

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ADVOCATE, T.C.27/1808, REVATHY, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.

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BY ADV. SRI.C.K.KARUNAKARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 COMMANDANT GENERAL

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FIRE AND RESCUE SERVICES DEPARTMENT, HOUSING BOARD JN., THIRUVANANTHAPURAM - 695 001.

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3 ADDL.R3 THE KERALA STATE DISASTER MANAGEMENT AUTHORITY

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THIRUVANANTHAPURAM. (ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 19/06/2019)

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SRI. ARAVIND KUMAR BABU, SENIOR GOVERNMENT PLEADER FOR RESPONDENTS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6654 OF 2013(S)

JUDGMENT

S.MANIKUMAR,CJ

Petitioner has sought for a writ of mandamus directing the Commandant General, Fire and Rescue Services Department, Thiruvananthapuram, 2^nd respondent, dealing with the purchase of modern equipments for the fire and rescue department, to file a report before this Court, the reason for not equipping the fire and rescue services with modern equipments despite the fact that adequate funds have been provided.

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He has sought for a further direction to the respondents to ensure that the Fire and Rescue Services are equipped with modern equipments and vehicles by utilizing the funds provided for that purpose.

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Short facts leading to the filing of the writ petition are as follows;

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Kerala State, especially its cities, is witnessing an increase in construction of high rise buildings, including some of the highest residential buildings in South India. The Kerala Municipal Building Rules, as well as the Kerala Panchayat Building Rules, permit construction of high rise buildings without any height restrictions, except in the vicinity of airports. The said rules only prescribe the providing of a fire escape stairway for evacuation in case of fire, which is grossly inadequate in case of emergencies requiring evacuation of persons trapped in high rise buildings. Recently, State of Kerala, 1^st

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WP(C).No.6654 OF 2013(S)

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respondent, has reduced the access width to high rise buildings by amending the Building rules, making access of fire fighting equipments much more difficult. Petitioner and other persons/organizations have been constantly taking up the matter with the Commandant General, Fire and Rescue Services Department, 2^nd Respondent herein, for modern equipments, but no positive result. Petitioner understands that the funds provided for the purpose of acquiring specialized equipments remained unutilized for several years and are lapsing, year after year.

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According to the petitioner, the funds remain unutilized for reasons best known to the respondents and thus, the respondents have failed in their duties to acquire the specialized equipment essential to secure the lives of its citizens. Even this year, substantial portion of funds provided remains unutilized. It is in this backdrop, petitioner has approached this Court. Petitioner has also averred certain incident alleged to have occurred causing death. The said averment is based on newspaper reports.

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Material on record discloses that the Deputy Secretary to the Government, Home (F) Department, Government Secretariat, Thiruvananthapuram, has filed a counter affidavit on behalf of State of Kerala, represented by Secretary, Home Department, Government Secretariat, Thiruvananthapuram, the 1^st respondent, on 3^rd August, 2013, wherein it is submitted that as per Rule 53(3) of Kerala Municipality Building Rules, 1999, for

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WP(C).No.6654 OF 2013(S)

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all the Buildings exceeding three storied above the ground level, a Certificate of Approval from the Director of Fire Force or an Officer authorised by him shall be obtained before issue of the building permit. So as per the provisions of Kerala Municipality Buildings Rules,1999, a No Objection Certificate from Fire and Rescue Services is obligatory for issuing building permit by the Local Self Government Institutions, in case of buildings exceeding three storied above the ground level.

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The Fire and Rescue Service Department issues No Objection Certificate on the basis of the references made by the Local Self Government institutions, in compliance with the detailed minimum requirements for firefighting installations as detailed in Clauses 4.18.2, 6.1.2, 6.2.3,6.3.2, 6.4.3, 6.5.2, 6.5.2.1, 6.5.2.2, 6.5.2.3,6.5.2.4, 6.5.2.5, 6.6.2, 6.7.2, 6.8.2 and 6.9.2 under Part IV of Fire and Life Safety of National Building Code of India 2005. As and when an application for issuing NOC is received, a Board of officers of the scrutiny committee of the Fire and Rescue Department verifies the site and the plan with reference to the various provisions of National Building Code of India and issues No Objection Certificate (site) subject to certain stipulated conditions as per NBC Part IV 2005,

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Thereafter, the NOC (Final) is issued after verifying the constructed building in compliance with the safety plan as stipulated in Part IV of NBC

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subject to the conditions that Fire Fighting System installed will always be kept functional and special care should be taken to maintain the systems installed in proper condition. A declaration to this effect should be submitted by the owner of the building to the Fire and Rescue Station concerned, before 20^th January of every year without fail. All Officers above the rank of Station Officers of Fire and Rescue Services Department will have the right to inspect the building at any time to ensure that the installed system are in good working condition.

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While issuing NOC (Site), the department ensures that the proposed building has installed in it, all the firefighting arrangement as per Part IV of NBC and approved firefighting system plan. It is also essential that Fire escape and stair cases should reach upto the rooftop and fire life provided in all floors as per Part IV of NBC. Kerala Fire and Rescue Services Department is equipped with 495 firefighting vehicles and all essential accessories, firefighting equipments like fire entry, safety belt, fire proximity suite, stretcher, extension ladder BA set. Hence it is submitted that the instant writ petition is devoid of any merit and same may be dismissed with costs.

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The Divisional Officer, Fire and Rescue Services, Ernakulam, has filed a counter affidavit on the same lines. In addition to the same, he has also furnished the details of the equipments available with the Department and the corresponding functions and the relevant paragraphs are reproduced hereunder:

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WP(C).No.6654 OF 2013(S)

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“5. While issuing NOC (site), the Department ensures that the proposed building has installed in it all the firefighting arrangement as per Part IV of NBC and approved firefighting system plan. It is also essential that Fire escape and stair cases should reach upto the top and fire lift provided in all floors as per Part IV of NBC. Kerala Fire and Rescue Services Department is equipped with 495 Firefighting Vehicles and all essential accessories, firefighting equipments like fireentry suit, Safety belt, Fire proximity suite, Stretcher, Extension Ladder, Breathing Apparatus (BA) set. The other major equipments available with the Department and its corresponding functions are narrated below:

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Sl.No .	Name of appliances	No.	Functions
1	Water Tender	226	Mainly it is used for firefighting including high rise building also as the water sprayed from it go upto 30 meters
2	Emergency Tender	17	Mainly used for rescue work including high rise building also
3	Industrial Water Tender	17	It is used to put out fires especially industrial area
4	Crash Tender	11	-do-
5	Water Lorry	46	For feeding of water to tenders in emergency situation.
6	Recovery Vehicles	10	For pulling out vehicles in accident places
7	Quick response vehicles	14	For reaching the place of accident quickly by carrying rescue equipments
8	Ambulance	60	For Rescue work
9	Jeep	67	For deploying firefighting and rescue equipment
10	Motor cycle with water mist	32	For firefighting where no four wheelers are reached
11	JCB	2	For rescue work in building collapse bridge collapse etc.
12	Extension Ladder	246	Using firefighting and rescue work as high rise building

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WP(C).No.6654 OF 2013(S)

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13	Power Ascender	4	For rescue work in high rise building
14	Zero torque nozzle	30	For firefighting purpose at high rise building as its spray of water goes upto the height of 50 meters
15	Safety Belt and Ropes	100	For rescue work at high rise building
16	Life detector	25	For finding out victims of lives existing under the collapsed building and such accident places
17	BA set	200	For rescuing lives form wells buildings etc.
18	Hydraulic Rescue Equipments	60	For rescue work in collapsed building, bridges, vehicles etc.
19	Fire Entry Suit	100	For rescuing people from fire places like buildings sheds etc.
20	Exhaust Blower	25	For exhausting smokes gases from the building have filled with smoke, gases etc.
21	Rope Stretcher		Rescuing people from high rise building.

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Deputy Secretary to the Government, Home (F) Department, Government Secretariat, Thiruvananthapuram, has filed an additional counter affidavit on behalf of respondent No.1, wherein it is stated that at present, there are 103 Fire & Rescue Stations through out the State of Kerala, of which Ernakulam District is having more number of fire & rescue stations viz. 15. When a fire or an emergency incident is reported, the fire fighting/rescue vehicles from the nearest Fire & Rescue Stations will be put to use and will reach the scene of the incident. The fire personnel would put out the fire by themselves and if it is a major incident which may relate to fire or not, the same would be communicated to the Assistant Divisional Officer, who is the District Level Officer on the Department, and the said officer would mobilise manpower, vehicles and necessary additional appliances from various stations

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of the said District, as per the requirement, and may arrange for the same from neighbouring Districts, if the incident is of serious nature and if the vehicles and appliances available are insufficient. In the case of major incidents, the matter would be communicated to the Divisional Officer, who is in control of two or more Districts, who in turn would inform the same to the Fire & Rescue Services Head Quarters at Thiruvananthapuram.

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In continuation to the affidavit dated 03.08.2013, it is submitted that an amount of Rs.20,03,750/- has been spent during the year 2012-2013 for modernization, maintenance and strengthening of Fires & Rescue Services Department. Government provides Disaster Management Fund to the Fire & Rescue Services Department. During the year 2009-2010 to 2012-2013, an amount of Rs.25 crores have been sanctioned to the Fire & Rescue Services Department for equipping the Department to alleviate disaster. The Department has made use of the said fund and purchased various appliances and equipments and it is submitted that at the time of filing of the counter affidavit, an amount of Rs. 5,47,00,000/- was lying with the Department and the said amount was made use of for the purchase of equipments during the current financial year and that the same was in the final stage.

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It is also submitted that, the Government has appointed vide order G.O.(Rt) No. 2279/13/GAD dated 21.03.2013, a one man Commission to study and submit a report regarding the modernization of Kerala Fire & Rescue

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Services Department. As per the above order Sri.K.S Jangpangi I.P.S, the then D.G.P. was appointed as the one man commission. Commission was directed

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to submit a report in respect of 12 points. It is submitted that the commission has submitted its report before the Government. The main recommendations of the Commission were;

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i) Procurement of fire fighting equipments during next two financial years. ii) Re-structuring of the Kerala Fire & Rescue Services Head Quarters by creating a 'Provisioning Wing' responsible for the procurement of all the purchases of the Kerala Fire & Rescue Services Department manned/staffed creating new posts of one Divisional Officer, two Assistant Divisional Officers, two Station Officers, two Leading Firemen and two FDCPO. A Technical Wing with one post of Divisional officer (Technical), one post of Assistant Divisional Officer(Technical) & two posts of Driver Mechanics in the Kerala Fire Rescue Services Headquarters and four (04) post of STOS (MT) in Kollam, Pathanamthitta, Thrissur and Kannur districts. A Communication Wing to ensure seamless intra and inter communication needs of the department and to also pave the way for total computerisation of the department.

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A Fire Prevention Wing to strengthen the monitoring of issuance of NOCs of buildings in the Kerala Fire & Rescue Services headquarters and in the offices of DOS/ADOS, fire prevention awareness/education programs and checking of fire fighting equipments in the buildings.

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iii) Enhancement of incentives and motivational factors such as Uniform Allowance, Risk Allowance, Smartness Allowance, Weekly Day off Allowance, Compensatory Allowance etc.,

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iv)Revising of existing delegation of powers.

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v) Re-designing of family quarters through the Police Housing Construction Corporation Ltd.

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WP(C).No.6654 OF 2013(S)

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vi) Creation of District Fire & Rescue Services Offices in all 14 district head quarters of Kerala.

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vii) Modernisation of Kerala Fire & Rescue Services Academy, Viyyur by creating new posts of training staff, administrative support staff, providing of infrastructure facilities and accreditation of Viyyur Academy as Regional Training Centre.

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It is stated in the counter affidavit that, the recommendations of the Commission are being considered by the Government and a final decision regarding its recommendation would be taken without much delay, after thorough study of the implications of the same, after obtaining consent from various Departments.

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It is submitted in the counter affidavit of the Deputy Secretary to the Government, Home (F) Department, Government Secretariat, Thiruvananthapuram that there is no statutory rules prevalent in the Fire & Rescue Department and the Act in force viz. Kerala Fire Force Act is that of the year 1962. The Government realizing the difficulties faced by the officials of the Department, made Rules and that the same is in the draft form, and the rules could be finalised by the Government within a time span of at least 6 months. The framing of Rules would ensure smooth and effective functioning of the Department.

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The personnel of the Fire & Rescue Services Department are given intensive training in Kerala Fire & Rescue Services Academy, Viyyoor. The

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Firemen of the Department are given rigorous training for a period of 6 months in the academy and thereafter, they are given training for another six months in the Fire & Rescue Stations. The above training would equip the firemen and other personnel to deal with all the untoward incidents and would help them to put out fire and alleviate the grievances of the victims affected due to disaster/fire.

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Deputy Secretary to the Government, Home (F) Department, Government Secretariat, Thiruvananthapuram has further stated that, the Government have intended to provide funds for the purchase of Sky lift (Aerial Platform Ladder). The Department of Fire & Rescue Services has already prepared the necessary specifications of the said appliance. It is submitted that from the appliances that are available with the manufacturer of Sky lift (Aerial Platform Ladder), the Department will have to choose the one which suits the conditions of the State like width of the roads available, presence of overhead electric lines, training of staff etc. As a matter of fact, the tender for purchase of Sky Lift was floated during the year 2012. Further, proceedings could not be completed as the file relating to the tender, was seized by the office of the Vigilance & Anti Corruption Bureau, for the reason that the aforesaid file was clubbed with the file relating to purchase of water tender, which was subject matter of complaint and consequent Vigilance case. Even though requests were made to the office of the Vigilance & Anti Corruption Bureau, to return

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the files, the same is not received till date.

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When the matter came up before this Court on 19.6.2019, taking

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note of the Kerala Fire Force Act, 1962 and the provisions thereof, a Hon'ble Division Bench of this Court at 3 & 4, ordered thus;

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“3.The Kerala Fire Force Act was enacted in the year 1962 and the provisions therein do not related to current exigencies. The norms are not updated nor any Rules are framed, to address today's requirements of the Firefighting Department. For instance, the Sky Lift (Aerial Platform Ladder) proposed to be purchased in the year 2012 was never purchased and therefore, the respondents are ill equipped to deal with fire and rescue situation in today's context.

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The State's response in this PIL was filed in the year 2013-2014 and therefore they need to be updated. The learned Government Pleader Sri.Surin George Ipe accordingly prays for and is granted four weeks time to file additional response in the matter. Sri.Ipe shall also produce a copy of the report submitted by the one man commission and the action taken on the recommendation of the Commission.”

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On this day, when the matter came up for further hearing, on the basis of the report submitted by the the Regional Fire Officer, Ernakulam, Mr.Aravind Kumar Babu, learned Senior Government Pleader, submitted that steps have been taken for purchase of modern equipments for the use of Fire and Rescue Services Department. He further submitted that inspections have been conducted in various buildings and appropriate steps will be taken for improvisation of the department. In the report submitted, the Regional Fire

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WP(C).No.6654 OF 2013(S)

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Officer, Ernakulam, has set out the annual plan for the years commencing from 2014 – 2015 to 2020-2021, and the equipments and vehicles purchased from the years 2017 to 2020.

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Even though a contention has been advanced that fire fighting arrangements now available in the State is grossly inadequate to deal with fire emergencies, particularly, if they occur in high rise buildings, we are satisfied that the Government have prepared plan allotment and furnished expenditure details from the year 2013 – 2014 upto 2020 – 2021, in respect of the budget allotment and also explained the expenditure incurred, which is extracted

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hereunder:

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Plan	Allotment and Expend	iture Details
Annual plan for the year	Budget Allotment (Rs)	Expenditure incurred (Rs)
2013-14	110000000	110000000
2014-15	188600000	185836977
2015-16	280000000	60121477
2016-17	390000000	82627591
2017-18	401200000	237206626
2018-19	650000000	263602609
2019-20	700000000	308996815
2020-21	650000000	166715501(upto 30/09/2020)

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Apart from the additional statement of facts, it is clear that vehicles and equipments has been purchased during the year 2017-2018 and 2019-

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2020 in order to combat the issues of tackling any situations, in so far as high rise buildings are concerned. It is also clear that, during the year 2014-2015, Government had accorded administrative sanction for Rs.11,448.42 lakhs, including for the purchase of one number Aerial Ladder Platform for an amount of Rs.8.5 Crores. However, only an amount of Rs.5 Crores was allotted as first batch supplementary grant and even though department had placed a global tender for procuring the aforespecified ladder platform, the department could not succeed in the same due to want of sufficient bidders.

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It is also stated that as per G.O.(MS) No.231/2015/Home dated 9.11.2015, Government had issued administrative sanction for the unspent balance amount of Rs.924 lakhs under One Time Additional Central Assistance Scheme for purchase of one number Aerial Ladder Platform. Meanwhile department had made the study of Aerial Ladder Platform and Turn Table Ladder and the technical team has advised to purchase Turn Table Ladder, which is more convenient and better in Kerala conditions. Thus, it was informed to the Government and that the Government had accorded revised administrative sanction for the purchase of one number of Turn Table Ladder, instead of Aerial Ladder Platform.

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Further it is pointed out that on the basis of the discussion with the Fire Advisor of the Government of Maharashtra and some other experts from

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Delhi, it was suggested that the department to purchase one number, Turn Table Ladder and one Aerial Ladder Platform in all the cities, since the Turn Table Ladder, for rescue operations and Aerial Ladder Platform, would be effective for fire fighting operations. Therefore, department has submitted a detailed proposal for administrative sanction for the purchase of 5 Nos. of Turn Table Ladder at a total cost of Rs.60 Crores and 2 Nos. of Aerial Ladder Platform at a total cost of Rs.28 Crores. However, at the time of filing of the affidavit, the sanction was not yet accorded. Anyhow steps were being taken for modernising the Fire and Rescue Department and formulated policies also on the basis of recommendations of one man commission.

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We are also satisfied that periodical inspections are being conducted by the department in order to ensure that high rise buildings are adequately provided with firefighting equipments and fire safety measures in accordance with the relevant statutes.

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The report also indicates that various recommendations has been made by one man commission. Perusal of the report shows that steps have been taken for purchase of modern equipments and vehicles for Fire & Rescue Department. Funds have been allocated and spent, though it is stated that certain proposals are pending with the Government.

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Considering the fact that high rise residential and commercial buildings have been constructed in Kerala and adequate fire and safety

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measures are required to be taken, Secretary to the Government (Home Department), Government Secretariat, Thiruvananthapuram, is directed to ensure that the said buildings are equipped with suitable fire fighting equipments are installed, sufficient safety and security shall be provided to the residents of those buildings and also finalise the the pending proposals reported by the Regional Fire Officer, Ernakulam, as expeditiously as possible, at any rate within four months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of with the above directions.

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Sd/-

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S.MANIKUMAR CHIEF JUSTICE

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Sd/SHAJI P.CHALY JUDGE

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smv

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WP(C).No.6654 OF 2013(S)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1:TRUE COPY OF OF A NEWS ITEM THAT APPEARED IN DESHABHIMANI NEWS PAPER OF 8TH FEBRUARY, 2011.

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EXHIBIT P1A : ENGLISH TRANSLATION OF EXHIBIT P1

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EXHIBIT P2: TRUE COPY OF AN ARTICLE THAT APPEARED IN MATHRUBHOOMI NEWS PAPER OF THE 24TH FEBRUARY, 2011.

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EXHIBIT P2A : ENGLISH TRANSLATION OF EXHIBIT P2

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EXHIBIT P3 : TRUE COPY OF A NEWS ITEM THAT APPEARED IN THE HINDU NEWS PAPER OF THE 12TH OF JANUARY, 2013 UNDER THE CAPTION ' A BRIGADE WITHOUT ARMOURY”

Punchakkary G. Raveendran Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Punchakkary G. Raveendran Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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