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2017 Supreme(Ker) 613

K.VINOD CHANDRAN
Desai Homes rep. by The Managing Partner, V. R. Desai – Appellant
Versus
Divisional Officer, Fire & Rescue Services – Respondent


Advocates Appeared:
For the Petitioner:M. Gopikrishnan Nambiar, P. Gopinath, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Advocates.
For the Respondents: Ravikrishnan, Government Pleader, S. Jamal, Standing Counsel.

JUDGMENT :

1. The petitioner is aggrieved by the non-consideration of an application for issuance of final No Objection Certificate [for brevity “NOC”] by the 1st respondent, an officer of the Fire and Rescue Services department.

2. The petitioner had obtained a building permit, as is seen at Exhibit P1, which stood renewed upto 29.06.2017. The petitioner had completed the construction of a multi-storeyed apartment complex, filed a Completion Certificate and applied for Occupancy Certificate before the respondent, Municipality, as is seen from Exhibit P2. Prior to the Occupancy Certificate being granted, the Municipality conducts an inspection of the premises to ensure that the construction is done in accordance with the Kerala Municipality Building Rules, 1999 [for brevity “KMBR, 1999”] and on such satisfaction, seeks a NOC from the Fire and Rescue Services. The same was sought for by Exhibit P4. Certain defects were pointed out by the Divisional Officer of Fire and Rescue Service, the 1st respondent, on inspection. The petitioner is said to have rectified the same; which was intimated as per Exhibit P5. A further communication was also addressed to the Divisional Officer as per Exh
















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