Kerala High Court
Punchakkary G. Raveendran Nair vs State Of Kerala on 12 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.6654 OF 2013(S)
PETITIONER:
PUNCHAKKARY G. RAVEENDRAN NAIR
ADVOCATE, T.C.27/1808, REVATHY, VANCHIYOOR,
THIRUVANANTHAPURAM - 695 035.
BY ADV. SRI.C.K.KARUNAKARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 COMMANDANT GENERAL
FIRE AND RESCUE SERVICES DEPARTMENT,
HOUSING BOARD JN., THIRUVANANTHAPURAM - 695 001.
3 ADDL.R3 THE KERALA STATE DISASTER MANAGEMENT
AUTHORITY
THIRUVANANTHAPURAM. (ADDL.R3 IS SUO MOTU IMPLEADED AS
PER ORDER DATED 19/06/2019)
SRI. ARAVIND KUMAR BABU, SENIOR GOVERNMENT PLEADER
FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6654 OF 2013(S) 2
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.
2. 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.
3. Short facts leading to the filing of the writ petition are as follows;
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
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, 2nd 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.
4. 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.
5. 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 1st respondent, on 3rd August, 2013, wherein it is
submitted that as per Rule 53(3) of Kerala Municipality Building Rules, 1999, for
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.
6. 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,
7. Thereafter, the NOC (Final) is issued after verifying the constructed
building in compliance with the safety plan as stipulated in Part IV of NBC
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.
8. 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.
9. 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:
"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:
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 32 For firefighting where no four wheelers are
mist 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
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 60 For rescue work in collapsed building,
Equipments 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.
10. 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
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.
11. 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.
12. 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
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
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;
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.
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.
iii) Enhancement of incentives and motivational factors such as Uniform
Allowance, Risk Allowance, Smartness Allowance, Weekly Day off Allowance,
Compensatory Allowance etc.,
iv)Revising of existing delegation of powers.
v) Re-designing of family quarters through the Police Housing Construction
Corporation Ltd.
vi) Creation of District Fire & Rescue Services Offices in all 14 district head
quarters of Kerala.
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.
13. 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.
14. 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.
15. The personnel of the Fire & Rescue Services Department are given
intensive training in Kerala Fire & Rescue Services Academy, Viyyoor. The
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.
16. 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
the files, the same is not received till date.
17. When the matter came up before this Court on 19.6.2019, taking
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;
"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.
4. 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."
18. 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
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.
19. 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
hereunder:
Plan Allotment and Expenditure Details
Annual plan for Budget Allotment Expenditure
the year (Rs) 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)
20. Apart from the additional statement of facts, it is clear that vehicles
and equipments has been purchased during the year 2017-2018 and 2019-
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.
21. 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.
22. 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
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.
23. 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.
24. 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.
25. Considering the fact that high rise residential and commercial
buildings have been constructed in Kerala and adequate fire and safety
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.
Writ petition is disposed of with the above directions.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1:TRUE COPY OF OF A NEWS ITEM THAT APPEARED IN DESHABHIMANI
NEWS PAPER OF 8TH FEBRUARY, 2011.
EXHIBIT P1A : ENGLISH TRANSLATION OF EXHIBIT P1
EXHIBIT P2: TRUE COPY OF AN ARTICLE THAT APPEARED IN MATHRUBHOOMI
NEWS PAPER OF THE 24TH FEBRUARY, 2011.
EXHIBIT P2A : ENGLISH TRANSLATION OF EXHIBIT P2
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"
