V M KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal against the judgment of Kerala High Court dismissing the appellant's writ petition filed against the grant of exemptions from the provisions of the Kerala Building Rules (hereinafter referred to as the 'Rules') for construction of an eight storied high rise building in the city of Cochin to the 5th respondent.

(2.) The 5th respondent herein, owns a plot of land measuring 9.5 cents (384.46 sq. mtrs) in survey No. 312/1, situated at I.S. Press Road in the city of Cochin. On 1-10-1982 the 5th respondent submitted an application directly to the Government of Kerala seeking exemptions from operation of certain provisions of the Kerala Municipal Building Rules, 1968 for the proposed construction of a three storied godown-cum-office on the said plot of land. The government, by a special Order dated 12-10-1983, granted exemption from the operation of the Rules 30(1), 30(5)(b), 31(f) and 38(4)(c) of the Rules, subject to the following conditions:

(3.) On 15-5-1984, the Kerala Building Rules, 1964 framed under Section 344 read with Section 222 of Kerala Municipalities Act, 1960 and Section 367 read with Section 238 of Kerala Municipal Corporation Act, 1961 came into force.