JUDGMENT :

This writ petition is filed by the petitioner, who has constructed a five storied building, seeking to quash Ext. P6 order passed by the Secretary of the Kochi Corporation cancelling the permit granted to the petitioner for the construction of the building.

2. The subject issue has a chequered history. Anyway, consequent to the objections filed to Ext. P6, the petitioner has approached this Court by filing W.P.(C) No. 28267 of 2007 and on the basis of the directions issued, the subject matter was considered by the State Government and has passed Ext. P10 order dated 30.10.2009, by which it was found that there is lack of sufficient set back in contemplation of Rule 117 of the Kerala Municipality Building Rules, 1999 ('Rules, 1999’ for short) and also Rule 42(4) in respect of the Fire Escape Staircase and other consequential requirements. The order of the Government reads thus:

“ORDER

As per the Government order read 4th paper above permission was granted to construct a building (BF+GF+3) near Ernakulam Maharajas College ground in MG Road in Sy No. 685/15 exempting provisions of Rule 33(¢) 15(5) 17(1) (2) and 20 of KBR 1984. Later vide permit No. MOP1/207/05 permission was g