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 storeyed 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 storeyed 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 R.30(1), 30(5)(b), 31(f) and 38(4)(c) of the Rules, subject to the following conditions:

"(i) The front open space will be 3 metres.

(ii) The front bays in the ground floor will also be kept opened for car parking

(iii) Rear open space will be minimum 1.8 mtrs.

(iv) Side open space on the northern side will be