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1994 Supreme(Ker) 30

M.JAGANNADHA RAO, K.SREEDHARAN
Raman – Appellant
Versus
Sate of Kerala – Respondent


Judgment :-

Jagannadha Rao, C.J.

This Writ Petition raises a question of law relating to the power of the Government to grant exemptions in the matter of construction of buildings under the provisions of the Kerala Municipal Corporations Act, 1961, read with the Kerala Building Rules, 1984. This Writ Petition was heard along with O.P. No. 12929 of 1991, which related to a building in Ernakulam Corporation. The building in the present case with regard to which exemption was granted by the Government is located in Kozhikode Corporation. In this case, the Government passed various orders of exemption under Rule 5 of the Kerala Building Rules, 1984, which confers power on the Government to grant exemptions. The Kerala Buildings Rules, 1984 were issued in exercise of the powers conferred under S.367 read with S.238 of the Kerala Municipal Corporations Act, 1961 and also in exercise of the powers conferred under S.344 read with S.222 of the Kerala Municipalities Act, 1960. In the present case, we are concerned with the above said Building Rules, 1984, in so far as they are traceable to the powers under the Kerala Municipal Corporations Act, 1961.

2. In this O.P., which relates fo the build





















































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