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2018 Supreme(Online)(KER) 59565

HIGH COURT OF KERALA
ANTONY DOMINIC, CJ, DAMA SESHADRI NAIDU, J
LEKSHMY DEVY – Appellant
Versus
THE ASSISTANT DIVISIONAL OFFICER – Respondent


J U D G M E N T

Dama Seshadri Naidu, J.

The issue concerns fire safety. And that calls into question the building-height and the method of its measurement.

2. Appellant Lekshmy Devy applied to the Municipal Corporation for permission to construct at Edappally Village a five-storied mercantile- cum-residential building (GF+4), having height below 15 metres. As a precondition to getting sanction from the Municipal Corporation, Lekshmy Devy had to obtain a No-Objection Certificate (“NOC”) from the 1st respondent—the Assistant Divisional Officer (“ADO”), the Fire and Rescue Services.

3. To obtain the NOC, Lekshmy Devy applied to the ADO; she also submitted Annexure A1 sketch showing the height of the proposed building as 14.80 metres. Acting on Lekshmy Devy's application, the ADO issued her Annexure A2 NOC. Later, having obtained the building permit from the Corporation, Lekshmy Devy completed the building and submitted a completion report to the Corporation to get occupancy certificate. As a matter of procedural compliance, the Corporation, in turn, asked the ADO to certify whether the construction, among other things, meets the requirements as required by the Fire and Rescue Services. A

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