Kerala High Court
Paul Davis vs The Station Officer on 20 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 15379 OF 2025 1
2026:KER:15705
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 15379 OF 2025
PETITIONER:
PAUL DAVIS,
AGED 36 YEARS
EDASSERY GROUP OF HOTELS,HOTEL DONA CASTLE,
KOTTAMUKKU P.O., KOLLAM ,
RESIDING AT EDASSERY HOUSE, ANGADIKKADAVU ROAD,
ANGAMALY, ERNAKULAM, PIN - 683572
BY ADVS.
SRI.SOORAJ T.ELENJICKAL
SMT.HELEN P.A.
SHRI.ATHUL ROY
SHRI.INDRAJITH DILEEP
SMT.AMALA ANNA THOTTUPURAM
RESPONDENTS:
1 THE STATION OFFICER,
FIRE AND RESCUE STATION, CHAMAKKADA, KOLLAM,
PIN - 691001
2 THE DIRECTOR GENERAL,
FIRE & RESCUE SERVICES,FIRE FORCE JUNCTION,
PULIMOODU, THIRUVANANTHAPURAM, PIN - 695001
3 THE SECRETARY,
KOLLAM MUNICIPAL CORPORATION, MUNICIPAL OFFICE,
KOLLAM, PIN - 691001
4 THE KOLLAM MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
KOLLAM, PIN - 691001
WP(C) NO. 15379 OF 2025 2
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GP SMT PREETHA K K ,
SRI S SREEKUMAR(KOLLAM), SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLLY HEARD
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15379 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 15379 OF 2025
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Dated this the 20th day of February, 2026
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 WP(C) NO. 15379 OF 2025 4 2026:KER:15705 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 WP(C) NO. 15379 OF 2025 5 2026:KER:15705 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 amended rules. The building of the petitioner was constructed in the year 2009, and the same has been subjected to periodical renewal from time to time. The interior alteration of the building in the third floor and the fire safety precautions taken for the same in accordance with the fire plan drawn was found satisfactory upon inspection by the officers concerned in the year 2020 followed in the years 2021 and 2022. Therefore, no fresh NOC is required. Thereafter, the petitioner received a notice from the Corporation asking him to produce the renewed Fire NOC for the hotel building failing which coercive action including cancellation of occupancy certificate will be issued and license would be initiated. The Fire and WP(C) NO. 15379 OF 2025 6 2026:KER:15705 Rescue department is bound to issue renewal in the light of the facts narrated. Hence, this writ petition.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the Corporation and the learned Government Pleader.
3. The learned Government Pleader takes me through the Paragraph no.6 of the statement filed by the 1 st respondent. It would be better to extract the relevant portion of the same:
"6. It is submitted that the terrace portion of the 3 rd floor of the building was subjected to interior alteration in the year 2020. It was not a minor interior alteration at the terrace portion of the 3rd floor of the building as alleged in the petition. When the NOC was issued in the year 2009 it was an open Roof-top restaurant and the same was subjected to major structural changes in the year 2020. In the year 2020, they constructed approximately 20 new rooms at the terrace portion of the 3 rd floor and thereby material structural changes took place. The party shall install additional safety equipment as stipulated and obtain a fresh NOC from the office of Regional Fire Officer When material structural changes were made in the building. Thereupon Fresh NOC will have to be renewed periodically. In this case the above said portion of the building was subjected to major construction works and approximately more than 20 rooms were erected and there by the building was subjected to material structural changes. Hence, the owner ought to have applied for a fresh NOC to the office of Regional Fire Officer with necessary documents including the Fire Plan which contained the newly constructed portion of the building. The above said Fire Plan will be approved by the Regional Fire Officer where the new NOC is issued. The Fire Plan which is approved by the Regional Fire Officer shall be submitted along with the application for the renewal of the NOC in the subsequent years."
4. The learned Standing Counsel appearing for the Corporation submitted that the additional construction is already regularised and occupancy is issued as evident by Ext.P10. Hence, there is no dispute to the fact that the additional renovation in the WP(C) NO. 15379 OF 2025 7 2026:KER:15705 building is ratified by the petitioner from competent authority as evident by Ext.P10.
5. If that is the case, in the light of Ext.P10 occupancy certificate issued by the authorised officer of the Corporation, the Fire authority can issue appropriate NOC, if necessary after inspecting the property. If there is any defects to be cured, the petitioner will do the needful. The petitioner will produce Ext.P11, and according to the petitioner the same is the approved fire plan. The same also will be considered.
Therefore, this writ petition is disposed of with the following directions:
i)The petitioner is free to submit Exts.P10 and P11, and if the same is received, the competent authority of respondents 1 and 2 will issue Fire NOC, in accordance with the law, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.
ii) If any further clarification is necessary, the 1 st and 2nd respondents can get it from the 3rd respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 20.02.2026
Judgment dictated 20.02.2026
Draft judgment placed 21.02.2026
Final Judgment uploaded 24.02.2026
WP(C) NO. 15379 OF 2025 8
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APPENDIX OF WP(C) NO. 15379 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RECEIPTS DATED
17.02.2025 EVIDENCING THE REMITTANCE OF PROPERTY TAX OF THE BUILDING FOR THE CURRENT PERIOD ALONG WITH TYPED COPY Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF IFTE & OS LICENSE VALID FROM 01.04.2025 TO 31.03.2026 Exhibit P3 THE TRUE COPY OF FL-3 LICENSE RENEWAL CERTIFICATE DATED 31.03.2025 ISSUED BY THE DEPUTY EXCISE COMMISSIONER Exhibit P4 THE TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED TO THE BUILDING FROM THE CORPORATION OF KOLLAM Exhibit P5 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE NO. G1-1074/2009 DATED 18.02.2009 ISSUED BY THE COMMANDANT GENERAL, FIRE & RESCUE SERVICES, THIRUVANANTHAPURAM Exhibit P6 THE TRUE COPY OF THE FRESH CERTIFICATE OF INCORPORATION DATED 19.03.2014 ISSUED BY THE REGISTRAR OF COMPANIES Exhibit P7 THE TRUE COPY OF THE RECEIPTS DATED 05.12.2014 EVIDENCING THE REMITTANCE OF PROPERTY TAX OF THE BUILDING IN THE NAME OF THE CHANGED OWNERSHIP FOR THE PERIOD 2014- 2015 Exhibit P8 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) DATED 15.08.2014 Exhibit P8(a) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) DATED 24.11.2015 Exhibit P8(b) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) DATED 11.02.2017 Exhibit P8(c) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) DATED 06.03.2018 Exhibit P8(d) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) DATED 26.06.2019 Exhibit P9 THE TRUE COPY OF THE APPROVED ALTERATION PLAN OF THE BUILDING WP(C) NO. 15379 OF 2025 9 2026:KER:15705 Exhibit P10 THE TRUE COPY OF THE CERTIFICATE OF OCCUPANCY DATED 25.05.2020 ISSUED FROM KOLLAM CORPORATION Exhibit P11 THE TRUE COPY OF THE FIRE PLAN DATED 20.07.2020 DRAWN FOR THE BUILDING Exhibit P12 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE (RENEWAL) NO. 262/2020 DATED 10.08.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P13 THE TRUE COPY OF THE NOC (RENEWAL) NO.
321/2021 DATED 11.08.2021 Exhibit P13(a) THE TRUE COPY OF THE NOC (RENEWAL) NO.
282/2022 DATED 06.08.2022 Exhibit P14 THE TRUE COPY OF THE E-CHALLAN DATED 27.07.2023 FOR FIRE NOC RENEWAL Exhibit P14(a) THE TRUE COPY OF THE REQUEST DATED 01.08.2023 FOLLOWING E-CHALLAN Exhibit P15 THE TRUE COPY OF THE COMMUNICATION NO.C-
330/2023(1) DATED 16.08.2023 BY THE 1ST RESPONDENT Exhibit P16 THE TRUE COPY OF THE NOTICE NO.479252-2025 DATED 14.03.2025 Exhibit P17 THE TRUE COPY OF THE E-CHALLAN DATED 25.03.2025 FOR FIRE NOC RENEWAL Exhibit P18 THE TRUE COPY OF THE REPLY DATED 25.03.2025 SUBMITTED BY THE PETITIONER Exhibit P19 THE TRUE COPY OF THE COMMUNICATION DATED 27.03.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P20 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P20(a) THE TRUE COPY OF THE POSTAL RECEIPT DATED 04.04.2025