High Court · 2025

W.P(MD)No.796 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 20.02.2025CORAM:THE HONOURABLE MRS.JUSTICE J.NISHA BANUandTHE HONOURABLE MRS.JUSTICE S.SRIMATHYW.P(MD)No.796 of 2025andW.M.P(MD)No.518 of 2025K.K.Ramesh ... Petitioner vs.1.The Union of India, Represented by its Directorate General Fire Services, Civil Defence and Home Guards, Ministry of Home Affairs, North Block, New Delhi – 110 001.2.The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, C-Wing, New Delhi – 110 001.3.The Medical Council of India, Represented by its Director General, Pocket – 14, Sector – 8, Nirman Bhawan, C-Wing, New Delhi – 110 001.1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 20254.The State of Tamil Nadu, Represented by Principal Secretary, Health and Family Welfare, Secretariat, Chennai.5.The Tamil Nadu Medical Council, Represented by Director, Nos.959 & 960 Poonamallee High Road, Purasaiwakkam, Chennai – 600 084.6.Tamil Nadu Fire Service Headquarters, Represented by Director General of Police/Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Salai, Egmore, Chennai. ... RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1, 2 to instruct the respondents 3 to 6 to 1. to All Government Hospitals, Primary Health Center and all private hospital Fire fighting appliances must be in place and must be in always working condition. The alarm system should be kept fully functional around the clock. The Staff need to be adequately trained for emergencies. Mock drills and fire safety audits should be conducted at regular intervals. 2.Electrical equipment should be well maintained to prevent sparking. 3. No building should be operational unless a fire clearance certificate has been obtained from the appropriate authority/department. Such certificates need to be renewed before they expire. Approval certificates should also be obtained for the building's electrical fixtures and installations. 4. An alternative emergency exit door should 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 2025be made available in each ward 5. Too many modifications and changes should not be done in the electric circuit connections. If any change is done, wire capacity should be kept in mind. 6. All applicable laws, standards, codes and regulations must be considered without exception during the building design stage. There should be unwavering compliance. 7. Collaboration between engineers and fire safety professionals is required during the planning phase of building design. The building's structure and design should be such that in the event of an emergency, there is as little damage to life and property as possible. 8. By considering the petitioner's representation dated 13.11.2024. For Petitioner: Mr.K.K.Ramesh (Party-in-Person)For RR 1 to 4 : Mr.P.Thilak Kumar Government PleaderFor R - 5: M/s.Shubharanjani Ananth Standing CounselO R D E R(Order of the Court was made by J. NISHA BANU, J.)This writ petition has been filed for a direction directing the respondents 1, 2 to instruct the respondents 3 to 6 to all Government Hospitals, Primary Health Centers and all private hospitals for updating and maintaining the essential checklist in the above places mentioned, in case of fire accident emergencies and 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 2025to check the working conditions of the appliances kept at the Department for the said purpose, vide petitioner's representation dated 13.11.2024.2. The petitioner submitted that there are no automatic fire systems in Indian Hospitals, as is the case in most developing Countries. This scenario results in several instances, where fire accidents cause heavy casualties in Hospitals, particularly multi-storey buildings. He further submitted that in our routine environment, fire prevention and control devices are frequently installed solely to obtain the necessary permission to operate. As a result, there is little or no follow-up to keep the gadgets fully functional and the staff adequately trained. 3. Furthermore, the petitioner submitted that during most of the Hospital fire incident reports, it was observed that the emergency exit gate, the fire alarm and the elevator were found to be non-operational and the hospital lacked basic fire fighting infrastructure, such as fire extinguishers. Short circuits have been known to be the major cause of Hospital fire accidents, contributing to 89% of the total outbreaks. The rash of fire accidents in Hospitals in India, in recent times and the lives lost, are uncanny reminders for upkeeping of hospital infrastructure 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 2025in the private or public healthcare sector, which is an astonishingly low priority across the Country.4. Enumerating all these facts, the petitioner made a representation dated 13.11.2024 to the respondents. But, there was no response to the said representation of the petitioner. Aggrieved against the same, this Writ Petition is filed as a public interest litigation.5. Heard the submissions made by the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, appearing for the official respondents and M/s.Shubharanjani Ananth, learned Standing Counsel for the fifth respondent and also perused the materials available on record.6. This Court, after hearing the submissions made on either sides and the materials placed before it, is of the considered view that the relief sought for by th petitioner is not specific in nature rather the same is omnibus in nature. The prayer to issue such directions is absolutely vague and general in nature and as such, the same cannot be considered. 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 20257. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 20.02.2025NCC: Yes / NoIndex: Yes / NoInternet: YespsTo1.The Directorate General , Represented by the Union of India, Fire Services, Civil Defence and Home Guards, Ministry of Home Affairs, North Block, New Delhi – 110 001.2.The Secretary, Represented by the Union of India, Ministry of Health and Family Welfare, Nirman Bhawan, C-Wing, New Delhi – 110 001.6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 20253.The Medical Council of India, Represented by its Director General, Pocket – 14, Sector – 8, Nirman Bhawan, C-Wing, New Delhi – 110 001.4.The Principal Secretary, Represented by the State of Tamil Nadu, Health and Family Welfare, Secretariat, Chennai.5.The Tamil Nadu Medical Council, Represented by Director, Nos.959 & 960 Poonamallee High Road, Purasaiwakkam, Chennai – 600 084.6.Tamil Nadu Fire Service Headquarters, Represented by Director General of Police/Director, Fire and Rescue Services, No.17, Rukmani Lakshmipathy Salai, Egmore, Chennai.7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.796 of 2025J.NISHA BANU , J. andS.SRIMATHY, J.psORDER MADE INW.P(MD)No.796 of 2025DATED : 20.02.20258/8