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Judgment
S. Manikumar, C. J
Petitioner has sought for a mandamus, directing the Secretary, Muvattupuzha Municipality, Ernakulam District, the 4th respondent, to forthwith hand over the property forming the subject matter of G.O. (M.S.) No. 226/68 dated 19.04.1968, to the Secretary, Department of Home, Government Secretariat, Thiruvananthapuram, the 3rd respondent, for constructing a building, to accommodate the Fire and Rescue Service Station, Muvattupuzha.
Short facts leading to the writ petition are as follows:-
According to the petitioner, Muvattupuzha is a densely populated area in Ernakulam District and a number of commercial buildings are situated in and around Muvattupuzha town, wherein all sorts of commercial/business activities are being carried out. Most of those buildings are very old and are not provided with proper or adequate fire safety measures, and hence, prone to perils of fire. Its geographical location accounts for the floods in all the four rivers in Muvattupuzha during rainy seasons. Taking into account the possibility of accidents caused by fire and natural calamities, a Fire and Rescue Unit was setup in Muvattupuzha, long back in the year 1970. Ever since it started functioning at Muvattupuzha, the unit has had a pivotal role in reducing the causalities in accidents caused by fire and natural calamities.
Presently, the Fire and Rescue Station is functioning at the Municipal Shopping Complex in Muvattupuzha. The said building, being very old and in a dilapidated condition, all the tenants therein have vacated the same. Due to non availability of suitable premises, the fire station continues to function there.
Petitioner has contended that as early as in the year 1968, the Chief Secretary, Government Secretariat, Thiruvananthapuram, the 1st respondent, had handed over an extent of 34 cents of land, comprised in Survey Nos. 377/31 and 377/32 of Maradi Village, as per G.O. (M.S.) No. 226/68 dated 19.04.1968, to the Secretary, Muvattupuzha Municipality, Ernakulam District, the 4th respondent, for construction of a building to accommodate the fire station. However, the 4th respondent has not taken any action to utilize the land for the purpose for which the same was handed over to it.
In 2012, the 4th respondent, with ulterior motive, had decided to demolish the building, where the Fire and Rescue Station is presently functioning, and to construct a new shopping complex there. Soon afterwards, due to public protest, the 4th respondent had decided to hand over an alternate site, having an extent of 15 cents in R.S. No. 841/2 of Velloorkkunnam Village, to the Department of Fire and Rescue Services, for construction of the building, which was approved by the 1st respondent. Though an estimate was prepared, it was not approved by the 1st respondent. Subsequently, a revised estimate was prepared and forwarded to the 1st respondent for approval. Though the revised estimate was approved by the 1st respondent, the Secretary, Department of Home, Government Secretariat, Thiruvananthapuram, the 3rd respondent, had withheld the funds, assigning reasons that the site offered was not at all ideal for a Fire and Rescue Station, and its extent was far less than that stipulated in the norms.
Petitioner has further contended that since the property forming the subject matter of G.O.(M.S.) No. 226/68 dated 19.04.1968 along with its adjacent 20 cents of porambokke lands is an ideal site for construction of a new building, a mass representation signed by nearly 1500 residents within the limits of Muvattupuzha Municipality was submitted before the Hon'ble Chief Minister of Kerala, Director General, Department of Fire and Rescue Services, and other officials, requesting urgent action in the matter. In every aspect, the premises where the Fire and Rescue Station is presently functioning is the ideal one for its operation, than the alternate site offered by the 4th respondent. Apart from the above, in the present scenario, construction of a new shopping complex is likely to bring about colossal loss to the 4th respondent.
Petitioner has also contended that the 4th respondent is duty bound to protect the life and property of the public. Timely intervention of fire and rescue personnel is much essential for reducing the casualties in accidents caused by fire and natural calamities and to save the property of the citizens. The property forming the subject matter of G.O.(M.S.) No. 226/68 dated 19.04.1968, being the ideal site for operating a Fire and Rescue Station, the 4th respondent is bound to hand over the same to the 3rd respondent.
Reliance is placed on Ext. P9(a) letter dated 12.09.2018 of the Tahsildar (Land Survey), Muvattupuzha, addressed to the Secretary, Hon'ble Minister for Department of Revenue, Thiruvananthapuram, wherein the Tahsildar (Land Survey), Muvattupuzha, has stated that the Regional Fire Officer, Ernakulam, respondent No. 5, by letter No. C1-4002/11 dated 26.06.2018, has demanded to initiate action to measure out and hand over the subject land, for construction of Fire and Rescue Station. For brevity, Ext. P9(a) dated 12.09.2018 is reproduced:-
"C7-6226/18 Taluk Office, Muvattupuzha
P.O. Madavoor-686669
Phone & Fax: 0485-2813773
Date: 12/09/2018
Thahsildar (Land Survey), Muvattupuzha.
Secretary, Hon'ble Minister for Department of Revenue, Thiruvananthapuram.
Sir,
Sub: Ernakulam District-To make available 34 cents of land in Survey No. 377/31, 377/32 of Mradi Village, Muvattupuzha Taluk for Fire and Rescue Station-Reg:
Ref: 1) Letter no. P1-189838/18 dated 24/05/2018 of The District Collector.
2) Letter no. DCEKM/8256/2018/A6 dated 04/07/2018 of The District Collector.
3) Report number 191/18 dated 04/07/2018 and report number 34/18 dated 11/07/2018 of The Village Officer, Maradi.
4) Letter no. C1-4002/11 dated 26/06/2018 of The Regional Fire Officer, Ernakulam.
Respectfully invite your attention to the references. The existing fire station is functioning in the building of Muvattupuzha municipality situated in 34 cents of land comprised in Survey number 377/31, 377/32 of Maradi Village of Muvattupuzha Taluk. As the officials of the fire and rescue department are working in the age old building which is about to collapse risking their lives the municipal councillor K.S. Jayakrishnan had submitted a complaint before the Hon'ble Revenue Minister and Sri. M.K. Shaji had submitted a complaint and a representation signed by 1511 persons in the said matter for allotting the said 34 cents land of construction of a new fire station building. The District Collector by references 1 and 2 had demanded to initiate further action in the said matter and to submit a report forthwith.
Hence reports shown as reference 3 were obtained from the Village Officer, Maradi and according to that 34 cents land comprised in Survey number 377/31-1, 377/32-1 is included in the porambokke as per BTR and as per the proambokke register it is seen in the porambokke register that the said land was handed over to the Muvattupuzha municipality as per G.O(MS)226/68/Rev. dated 10/04/1968. As the Regional fire officer by reference 4 letter has demanded to initiate action to measure out and hand over the said land, letter has been issued to the Muvattupuzha municipal Secretary seeking consent for it. The above facts are reported.
Yours faithfully
Sd/ Thahsildar(Land Survey)"
Posed with a question as to whether the petitioner has sent any representation to the Secretary, Muvattupuzha Municipality, Ernakulam District, respondent No. 4, to initiate action for construction of Fire and Rescue Station, pursuant to the request of the Tahsildar as stated supra, Mr. E. G. Gorden, learned counsel for the petitioner, fairly admitted that no representation has been made so far.
Giving due consideration to the averments and the material on record, in particular Ext. P9 (a), we permit the petitioner to make a representation to the Secretary, Muvattupuzha Municipality, Ernakulam District, respondent No. 4, and the concerned authorities, to construct a Fire and Rescue Station, at the earliest. Petitioner is permitted to annex a copy of the judgment in this writ petition, so as to enable respondent No. 4, and Muvattupuzha Municipality, to take appropriate decision on the subject, within a period of two months.
Accordingly, writ petition is disposed of.