BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(Special Original Jurisdiction)

WP (MD) No. of 2015

P.R. Subas Chandran

S/o. Raju Naidu,
Aged about 64 years, Freelance Journalist,
R/o. 24-C, Kumaran Street, Tirunagar,
Madurai – 625006: … PETITIONER
Vs.
1. The Govt. of Tamil Nadu
Represented by The Principal Secretary to Government,
Housing and Urban Development
Department Fort St. George,
Chennai – 600 009.

2. The Commissioner,
Directorate of Town and Country Planning,
Opp: LIC, Chengalvarayan Building
4th Floor, 807, Anna Salai,
Chennai – 600 002.

3. The Secretary
Department of Health & Family welfare
Secretariat, Fort St. George,
Chennai – 600 009.

4. Chairman,
Chennai Metropolitan Development Authority,
1, Gandhi Irwin road,
Chennai, 600008 ... Respondents

AFFIDAVIT

I, Dr. P.R. Subas Chandran S/o. Late. P. Raju Naidu, Aged about 64 Years, Occ:
Freelance Journalist R/o. 24-C, Kumaran Street, Tirunagar, Madurai – 625006,
do hereby sincerely and solemnly affirm on oath and state as follows:
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I am the petitioner herein and I am well aware of the facts of the case and
competent to swear to this affidavit.

i. I submit that I am filing the instant writ petition as public interest litigation.
I submit that I have not filed any other writ petitions with a similar or identical
remedy. I further submit that have no personal or private interest in the reliefs
sought for and submit that I am willing to bear the costs of the litigation if I am
found to have any personal interest.

It is submitted that, I am a multi-lingual journalist contributing / contributed article

Kumudam, Nakkeran Swathi (Telugu), Tamil Lemuriya (Tamil), Indian Express,
Women’s era, Alive (English), vaartha (Telugu), and Dainik statesman (Bengali). I am
also a social worker interested in furthering the cause of the common man and the
common public in general. I firmly believe that as a journalist, it is my bounden duty
and avocation to gather material and publish the same in the local and upcountry
magazines and newspaper about the public programmes. I filed nearly 26 PILs and have
been filing public interest litigations before the High Courts of Andhra Pradesh, Kerala
and Madras on various issues affecting the public in which judgements have been
rendered resulting in substantive justice to the public. (See ANNEXURE – J) for Lists
of PIL)

Why this Public Interest Litigation:

1. Being the General Counsel member of Damodaram Sanjivaya National Law

University Visakhapatnam I shared the Dias with the Hon’ble Justice. H.L.
Dattu, Chief Justice of India Supreme Court, where he delivered a
convocation address. I was moved by his inspirational speech where Justice
H.L. Dattu said: “In every kind of Government, the pursuit of justice has
been a basic instinct in every human being. The society strives to attain it
through a defined legal system. Law is not some artefact that is admired
from a distance and merely dusted and polish so that it regains its original
gleam. It is more like a tree – it has its roots in his tree, but keeps growing
branches in old directions. It grows with the society. Often, a drop seeds for
a new tree to grow. For true justice to be achieved, law must progress with
the progress of the society. Law can never to be stagnant…. must be
dynamic. I would repeat the famous words of Benzamin N. Cardozo, former
associate justice of Supreme Court of USA – The Inn that shelters for the
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night is not the journey’s end. Law like a traveller must be ready for the
morrow (tomorrow).

2. As a journalist it is my moral responsibility not to remain as a mute spectator

when I am aware that the public is taken for a ride.

3. This was a time most of the leading print and the electronic media flashed
the tragic death of hundred gullible inpatient of AMRI Hospital Kolkotta.
The most haunting question was “How, well-educated and sound individual
can commit crimes of building a hospital compromising the safety norms?
I submit that apart from the lack of safety standards the hospital buildings
were constructed in violation of the building safety norms. I further submit
that many of the private hospitals including corporate hospitals were not
constructed in accordance with the Town and Country planning Act and
rules laid down thereon. Majority of the hospital buildings in urban area and
all hospitals in rural area are unauthorized constructions made without any
approval or constructed in violation of the building plan approval. I also
submit that I physically verified many of the hospitals at Madurai and
Trichy. Few photographs of those unauthourised constructed hospitals are
annexed herewith. A mere look at these pictures in the annexure would
clearly show the lack of “setback” & gross violation of these Hospitals. This
is only a sample survey done by the petitioner and the same scenario of
unauthourised Hospital constructed exists all over the state of Tamilnadu.
See ANNEXURE – G ( Hospitals Photos).

4. Even with a naked eye one can see that the many of hospitals situate in
Tamil Nadu did not allow any setback in and around buildings for the
firefighting engines to go inside the Hospital in case of any emergency.
There is no access, ingress or egress. The situation is alarming and it is well
high impossible to evacuate the people leave alone the patients in case of
emergency. Many of the hospitals don’t have set back. A setback should be
at minimum length of 5 meters and it increases depending upon the
height of the building. More the height more the setback.

5. This petitioner wants this court to know the sorry state of affairs continues
for very long time as plethora of hospitals are mushrooming in and around
the entire state of Tamil Nadu. The respondents knew full well about the
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construction of the hospitals in utter violation of the law and till they have
turned Nelson’s eye. The respondents are also deliberately shutting their
eyes to the violation as stated aforesaid. Healthcare is a basic need and
therefore an “essential service”. The violation of the building norms and
compromising on the safety standards may result in a calamity waiting to
happen. The respondent because of reason best known to him failed to
implement the building rules and norms and did not take any action against
the violators. I am also conscious of fact that the closure of all the hospitals
in one go will affect the health care of people at large. Such a drastic action
in closing all the hospitals throughout state may not be feasible or possible
especially in the rural area where all the hospitals have violated building
norms.

6. I am placing before the honourable court that many of the hospitals in the
private sector are also doing yeoman service to the public. It is not my
intention to close the hospitals at one stroke which may result in deprivation
of healthcare to the public at large. Since the alternative fire safety
mechanism is a curable defect and same can be rectified by installing the
alternative fire safety measures like sprinkler, smoke exhaust system, fire
hose, building management system etc.

7. It is appropriate to post some facts and figures that the respondents are quiet
reluctant to ensure and install many safety standards which are feasible as
enclosed in ANNEXURE - K aforesaid citing that many of the hospitals are
unauthorized constructions. This petitioner submit that the role of the
respondents to ensure many minimum safety standards or to lock and seal
the hospital if they are known to have violated the building norms and safety
standards. The Hospitals may have to be categorised as urban, semi urban
and rural. I submit that the rural hospital are class of its own as not many
corporate people are interested in providing rural health care. It is for the
appropriate authorities to fix the safety norms by classifying the hospitals as
the respondents have not come out with any comprehensive guidelines for
hospitals. The nation really needs the private sector in the health care service
and at this point it may not be possible for the state alone to provide health
care. This great nation is carrying a tag of rural India as 80% of the
population are habituated in rural while only 20% of the population is living
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in urban areas. At the same time, most of the hospital beds are only in urban
area and not in rural area. This is nothing but a demonstration of how rural
health care is still at large as the most of the corporate, brand hospitals have
been investing in urban area only which equally responsible for violations of
construction norms. As per world health statistics 2010 there is a huge
shortage of hospitals in our country as follows.

S.No. Country Hospital beds per 10,000 population

1. India 9

2. USA 31

3. UK 39

4. Brazil 24

5. China 20

8. I am also enclosing a detailed version of number of accidents due to

violation and fire accident occurred due to failure to follow fire safety norms
is could be seen in various places in Tamil Nadu and other states
ANNEXURE - F (Fire Accidents photos in Tamil Nadu and other
places).

9. I want to bring it to the knowledge of this institution of justice that the

violation of the building norms and providing safety standards operates at
two different planes. One that any institution by a private player could set a
certain example by following all the safety norms that is needed for a health
care hospital and then it is voluntarily been a responsible business but loaded
with morals and values. There are a few angels. The second is the authorities
who cannot shrink their responsibility to enforce the minimum safety
standards in the hospitals citing the authorized constructions.

10. There is no prohibition for the authorities to ensure minimum safety

standards. By enforcing the minimum safety standards authorities can avoid
major disaster and calamity which is waiting to happen like Kumbakonam
School and Srirangam Kalyanamandapam fire accidents. The disaster may
strike the nation at any moment. One cannot wait and then to react.
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11. I submit that, it is for the appropriate authorities to ensure minimum safety
standards to prevent the disasters. It is no gainsaying the fact that the
Government has abdicated its responsibility. In case of a conflict of interest
between running hospitals for public health care and hospital constructed in
violation of norms prescribed by the respondents what prevails upon what
and where, of course why? It is the health care, anywhere in the part of the
country and finally it is essential and fundamental. Hence this Writ.

12. When AMRI hospital fire killed nearly hundred immobile patients, public
lost its faith on the so-called regularisation or fire safety.
If this Petitioner approaches the temple of justice for a bonafide and genuine
cause will this Hon’ble Court could remain a simple spectator…. in spite of
somebody knocks at the door for judicial remedy? No, cannot! If this is the
answer, then Petitioner will be fortified to seek some guidance from this
august body.

13. Knowing pretty well that most of the hospital buildings, caring the tag of
service industry, which are not in tuned with the building and safety norms
could be demolished at one go? None will agree because it is a service
industry and an “essential service” and it is impossible task to right the
wrong in one magic wand of razing it. If I request to reconstruct or relocate
the building it is again an impossible task. Understanding the intricacies
involved, with the input of some experts, we can suggest a curable
mechanism to the age old social ailment.

Did we learn any lesson? No….not at all.. This is what the Delhi High
Court observed in its land mark judgment recently in Civil Writ No.
4567/1999 on 24.04.2003, in what is commonly called the Uphaar Tragedy
Case. But a far more grave tragedy had struck on 29.07.1979 at 4.30 P.M. in
a touring cinema called Lakshmki Talkies situated in Lourdhammalpuram in
Tuticorin.  It was made of thatch and in a devastating fire on the fateful day
73 people died and 88 were injured.  A Commission was appointed to go
into the incident and make recommendations.  Most of them have been
implemented but how far are the cinema halls safe and how far are the safety
norms being followed or violated is a moot point. In spite of such strictures
the Court orders are more floated than followed. Please see ANNEXURE - I
(Uphar Theatre Fire Accident).
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When sequence of fire accidents and building collapse are become part of
the life style, pricked by inner voice and inspired by social angels, I started
a way out to stop this mass grave yard construction through writing articles
but nothing prevailed on the elite and the educated. The AMRI episode was
the last on the camel. Before the ink of shock could dry my inner voice
triggered me to write a letter to one of the leading hospital in
India requesting not a favour but a social flavour of values and morals.
I could not sleep, I penned a letter on 12-07-2012 which is enclosed in
ANNEXURE - A (Letter Addressed to Apollo Hospital).

Excepts:
“Dear Dr. Reddy,….I am writing this letter so that your heart will feel for
others and implement fire safety norms to protect helpless in patient and
innocent outpatient and other employees, over and above valuable
equipment which may bring a shocking memory to your hospital address in
the event of a sudden fire break. 

I am confident that you would read this mail with a back drop of a recent fire
accident in Kolkata which is still a trembling memory in the minds of
victim's relatives and socially - conscious -driven - citizens. 

Assume you are receiving a telegram that your property is under the seize of
sudden fire causing deaths of many lives in stake. How will you be able to
sleep at peace when you have an opportunity to seize a disasters?”….I am
very to say before this Church Of Justice that I am yet to receive, not a reply,
at least, an acknowledgement.

On 8-06-2015 in the interest of the society, wrote a letter addressed to the

state Government requesting to inform me action taken against illegal
hospital building and steps initiated to arm the building with fire safety
norms and Shock to say my letter was not even acknowledged forget about
taking action as sought. Enclosed copy of the letters in ANNEXURE –
B,C,D & E (Annexure B - Letter To CMDA, Annexure C - Letter to DTCP,
Annexure D - Letter to Health Department and Annexure E - Letter to
Urban Development).
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Highlighting the importance of fire safety norms after many fire accidents in
school premises Hon’ble Supreme Court has set a guidelines to the nation
wherein it is stated how a governance should be “On 13th April, 2009, a two
Judges Bench in Avinash Mehrotra v. Union of India & Others (Writ Petition
(Civil) no.483 of 2004) held that it is imperative “that the education which is
provided to children in the primary schools should be in the environment of
safety.”

The Bench held that “each school must follow the bare minimum safety
standards, in addition to the compliance of the National Building Code of
India, 2005, in particular Part IV – Fire & Life Safety and the Code of
Practice of Fire Safety in Educational Institutions (IS 14435:1997) of the
Bureau of Indian Standards.” Thereafter the Bench directed that:- (I) before
granting recognition or affiliation, the concerned State Governments and
Union Territories shall ensure that the buildings are safe and secured from
every angle and they are constructed according to the safety norms
incorporated in the National Building Code of India; (ii) all existing
government and private schools shall install fire extinguishing equipments
within a period of six months; (iii) the school buildings be kept free from
inflammable and toxic material. If storage is inevitable, they should be stored
safely; (iv) evaluation of structural aspect of the school may be carried out
periodically and the concerned engineers and officials must strictly follow the
National Building Code. The safety certificate be issued only after proper
inspection. Dereliction in duty must attract immediate disciplinary action
against the concerned officials and (v) necessary training be imparted to the
staff and other officials of the school to use the fire extinguishing equipment.
(See ANNEXURE - L judgement copy).

After a lot of research, I have also discussed with a few experts in India and
abroad for redressing the fire safety norms in the event of lack of setback.
There are sky rise building with least setback in many western and
developed countries where fire safety norms are more effectively
implemented. In other words buildings with least or no setback could
follow the western model of fire safety norms, of course it may bite the
exchequer of the private players as well as Government. This is the only way
to save the inpatient in the event of sudden fire accidents. If not the simple
remedy is let the building be demolished. If the respondents ensure that all the
hospitals are provided with safety norms as mentioned above, then Tamil
Nadu will be a role model for other states in India. Being a precedent for other
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states for good cause must be voluntary from the side of the respondents
instead of treating it as a litigation against the government. The life of
innocent people who succumb to fire cannot be compensated in terms of
money.

Keeping the information presented in the affidavit, the Hon’ble Court may
pass an appropriate order in line with the Social Justice inferred and
interpreted from the affidavit that Government of Tamil Nadu, should appoint
people of experts in the field of health care industry to go into the issues
related to building constructed in violation and suggest remedial
measures as suggested by apex court of this nation (see ANNEXURE -K)
to protect the gullible patients. While forming this committee the court may
consider experts from the field of Government / Quashi Government and
Private players who are engaged in regularising buildings without
compromising security aspects. The petitioner, a person laced with social
commitment is prepared to identify 3 types of hospitals.

1. Constructed as per the norms of the law of the land plus plus.

2. The hospitals constructed in violation but armed with safety norms

in line with the NABH norms & western countries where setbacks is
not a concept as in India.

3. Hospitals which neither follow set back norms nor alternate safety
norms as in western countries.

Therefore it is prayed that this Hon’ble court may issue a writ of mandamus or
any other order in the nature of writ directing the respondents to appoint a
committee and frame guidelines to ensure alternate fire safety measures in all
hospitals constructed in violation. The committee should also consider the
precautionary measures adopted by other buildings located in developed nations
where modern / digital / men free machinery are in operation and pass suitable
order and thus render justice.
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It is therefore prayed that this Hon’ble court may pleased to appoint a

committee of experts to inspect the hospitals in Tamil Nadu and to suggest and
frame guidelines to ensure alternate fire and other safety measures in all hospitals
by taking into account the buildings located in developed nations where modern /
digital / men free machinery are in operation.

It is therefore prayed that this Hon’ble Court may be pleased to pass any
order by way of writ of mandamus or any other appropriate order directing the
respondent to ensure and enforce minimum safety standards in hospitals situate in
Tamilnadu, pass suitable order and thus render justice.