Fire and Rescue authorities must renew No Objection Certificates if prior conditions are satisfied and relevant documentation is provided, despite alterations to the structure.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) To declare that the building ‘Hotel Dona Castle’ of the petitioner covered by Exhibits P1 to P3 is entitled for renewal of Fire NOC originally granted as per Exhibit P5 No Objection Certificate.

(ii) To issue a Writ Of Mandamus commanding the 1st respondent to consider Exhibit P20 representation accompanied by Exhibits P9,P10 and P11 documents and Exhibit P17 e-challan and issue No Objection Certificate (Renewal) for the building ‘Hotel Dona Castle’ of the petitioner for the year 2025-2026 in continuation of Exhibits P5, P12, P13 and P13(a) within a stipulated time period.

(iii) To issue a Writ of certiorari and quash Exhibits P16 and P19 issued by the 3rd and 4th respondents as illegal and without jurisdiction, Or in the alternative;

(iv) To issue appropriate direction to the 3rd respondent to keep in abeyance all coercive actions against the building of the petitioner pursuant to Exhibits P16 and P19 until renewal of Fire NOC by 1st respondent in consideration of Exhibit P20 representation.

(v) Pass any other order, direction or relief as this Hon'ble Court may deem fit in the facts and circumstance of the case.

(vi) Dispense with filing of the translation of vernacular documents "

[SIC]

2. The petitioner is the Managing Director of Edassery Group of Hotels which owns a 3-star category hotel by the name Hotel Dona Castle within the corporation limits of Kollam. The petitioner is aggrieved because there is refusal on the part of the Fire and Rescue Officer to renew the existing Fire NOC of the hotel and the consequent coercive actions proposed by the municipal authority against the hotel, as evident by Exts.P16 and P19. According to the petitioner, the four (G+3) storied building of the petitioner was constructed in the year 2009 in accordance with the approved building plan and was found fit for occupancy by the competent authority. The building was granted with No Objection Certificate from the competent office in the year 2009 itself, as evident by Ext.P5. It is submitted that the NOC was renewed periodically from time to time. It is also submitted that the building at its third floor was subjected to interior alteration in the year 2019- 2020 as per approved plan and was certified fit for occupancy, as evident by Ext.P10 dated 25.05.2020. The fire safety equipment for the altered portion was installed as per fire safety drawing, is the further submission. The fire officer concerned had inspected the building premises, verified the documents and renewed the Fire NOC of the building in the year 2020, after completion of the alteration works in accordance with the relevant rules, as evident by Ext.P12. Thereafter, the NOC was renewed in the years 2021 and 2022, as evident by Exts.P13 and P13(a). That being so, according to the petitioner, he is entitled for further renewal of Fire NOC of the building if the fire safety equipment is already installed are found working to the satisfaction of the inspection team. It is the case of the petitioner that the petitioner had submitted an application for periodical renewal of the Fire NOC in the year 2023. It is also submitted that now the Fire department is not granting renewal of the NOC. It is submitted that refusal for renewal was on the ground of non-production of a municipality-approved plan, occupancy certificate and fire plans for each floor of the building. It is submitted that the petitioner had submitted all the said documents required along with fresh application for NOC renewal by remitting the prescribed fees. The stand of the Fire and Rescue Officer is that the petitioner is required to obtain fresh NOC in accordance with