JUDGMENT

Ext.P9 communication issued by the Commandant General of the Fire and Rescue Services Department of the State Government is under challenge in this writ petition. As per Ext.P9, No Objection Certificate (NOC) of the Fire and Rescue Services Department sought by the petitioner in respect of a building constructed by them was declined on the ground that the height of the building is not in accordance with the National Building Code. According to the petitioner, the building has been constructed in accordance with the building permit issued under the Kerala Muncipality Building Rules; that the Kerala Muncipality Building Rules would prevail over the National Building Code and that therefore, the decision to decline the NOC sought by the petitioner is unsustainable.

2. Heard the learned Senior Counsel for the petitioner as also the learned Government Pleader for the respondents.

3. It is beyond dispute that the building referred to in Ext.P9 has been constructed in accordance with the building permit issued under the Kerala Muncipality Building Rules. This Court in Dinesh Mani C.M. v. State of Kerala and Others [2015 (3) KHC 957] held that the National Building Code is only a se