JUDGMENT : NITIN JAMDAR, C.J. The question that we are called upon to consider in this appeal is whether an open ramp/driveway leading to an open area parking on the terrace should be included in the total built-up area for the purpose of the Building Regulations. 2. The Respondents/Petitioners jointly own property in Sy. No.75/8-12 in Kunnamkulam village in the limits of the Appellant Municipality. They were interested in constructing a two-storey commercial building on the side of the property, with all the amenities. The Petitioners prepared a building plan through a licensed architect as per the Kerala Municipality Building Rules, 2019 (Rules of 2019) and submitted the same on 2 July 2022 to the Secretary of the Municipality. The Secretary issued an intimation on 12 August 2022, informing of deficiencies in the plan. The Petitioners, according to notice, submitted a revised plan on 3 January 2023 after curing the defects. Thereafter, another communication was issued by the Appellant Municipality, taking further objections. According to the Petitioners, the Petitioners removed these defects and again submitted a revised plan. Further communications were issued to the Petitioners under Exts.P6 and P7, intimating certain other shortcomings. On 11 September 2023, the ex-Secretary of the Appellant Municipality informed the Petitioners of another set of shortcomings. The main objection was that the open to air ramp proposed by the Petitioners leading to the parking space provided on the terrace has to be included in the built-up area coverage, and the coverage emphasised needs to be corrected. 3. The Petitioners filed W.P.(C)No.36922/2023, contending that the repeated objections is a harassment and primarily contending that the ramp leading to open-air parking on the terrace will not fall under the built-up area. Accordingly, the Petitioners sought to quash and set aside Ext.P7 and to direct the Appellant Municipality to consider the Petitioner’s application for the building permit, without including the ramp in the built up area. 4. The Appellants filed a counter affidavit and opposed the petition. In the counter affidavit, the Appellants took a stand that the vehicular ramp provided by the Petitioners to approach the parking on the terrace is included in the built-up area, and the plan submitted by the Petitioners omitting the same from the built-up area cannot be sanctioned. 5. 4. The Appellants filed a counter affidavit and opposed the petition. In the counter affidavit, the Appellants took a stand that the vehicular ramp provided by the Petitioners to approach the parking on the terrace is included in the built-up area, and the plan submitted by the Petitioners omitting the same from the built-up area cannot be sanctioned. 5. The learned Single Judge examined the definition of the building under Rule 2(1)(n), the provisions of the Rules of 2019, and concluded that the ramp would not fall within the definition of Covered Area and, therefore, will not be part of the built-up area. Accordingly, the learned Single Judge allowed the petition directing the Appellant Municipality to consider the application for a building permit submitted by the Petitioners without taking the objection regarding the inclusion of the ramp in the built up area. Being aggrieved, the Appellant Municipality has filed this appeal under Section 5 of the Kerala High Court Act, 1958. 6. We have heard Mr. Haridas V. N., learned counsel for the Appellants, Mr. Ajith Prakash, learned counsel for Respondents 1 to 4 and Mr. V. Tekchand, learned Senior Government Pleader. 7. The Petitioners are proposing to construct a commercial building. The parking for the proposed building is shown on the terrace floor. On the terrace floor, 59 car parking spaces have to be provided. Access to the parking on the terrace floor would be made available through a 5.5-meter wide open ramp starting from the ground level to the terrace. The proposed ramp and the vehicular parking space on the terrace are not covered. 8. Certain positions have been made clear by the Chief Town Planner in his affidavit dated 11 November 2024 in this appeal. These are that parking is permissible inside the building at any floor level and on the terrace floor level with sufficient safety measures and driveway manoeuvring space, excluding the statutory space such as solar panels as per Rule 77 of the Rules of 2019. Rule 18(5) of the Rules of 2019 places responsibility on the licensee to take all safety precautions and protective measures. The licensee has to ensure the structural stability of the building. Therefore, it is the discretion of the owner or designer whether to provide the required vehicular parking space at the ground level or terrace level, requiring space constraints. Rule 18(5) of the Rules of 2019 places responsibility on the licensee to take all safety precautions and protective measures. The licensee has to ensure the structural stability of the building. Therefore, it is the discretion of the owner or designer whether to provide the required vehicular parking space at the ground level or terrace level, requiring space constraints. It is also an admitted position that the open car parking will not be included in the built-up area. Therefore, only question is whether the open vehicular ramp for the open car park would be excluded from the built-up area. As our discussion would show, the use of the word -Ramp has led to some confusion. 9. Rules of 2019 are framed in exercising the powers conferred under the Kerala Municipality Act, 1994 and in supersession of the earlier Rules. Rule 2 deals with definitions, of which Covered Area is defined under Rule 2(1)(aa)(iii) as under: ‘Covered area’ means the ground area covered by the building and is synonymous to area of the building foot print. It shall include covered parking. It does not include the spaces covered by:— (i) Garden, rockery, well and well structures, plant, nursery, water tank, swimming pool (if uncovered), platform around a tree, tank, fountain bench and like; (ii) drainage, culvert, conduit, catch pit, gully pit, drainage chamber, gutter and the like; (iii) flight of steps and ramps all open to sky, cantilevered car porch, compound wall, gate, slide, swing, areas covered by sunshade and the like; (iv) storeys fully below the ground level; (emphasis supplied) This definition would show that the Covered Area will not include the flight of steps and ramps open to the sky. It makes specific mention of covered parking, meaning thereby not uncovered open to sky parking. This position is accepted by the planning authorities. Rule 3 makes the Rules applicable to the categories of land and the activities specified therein. Chapter II deals with drawing permits and occupancy certificates, the procedure for application, and the plan to be submitted. It makes specific mention of covered parking, meaning thereby not uncovered open to sky parking. This position is accepted by the planning authorities. Rule 3 makes the Rules applicable to the categories of land and the activities specified therein. Chapter II deals with drawing permits and occupancy certificates, the procedure for application, and the plan to be submitted. Rule 26(10) of the Rules of 2019, referred to in the impugned order read thus: Every mandatory open space/yard provided as per these rules, either interior or exterior, shall be kept free from any erection thereon such as Generators, AC plant room, recreational space and the like, and shall be open to the sky, and only cornice, roof or weather shade not more than the width specified in Table 5 below, shall overhang or project over the said mandatory open space/yard. TABLE 5 PROJECTIONS PREMISSIBLE Sl.No Mandatory open space/yard as per these rules Width of projection permissible 1 Below 0.60 metres No projection 2 0.60 metres or more but below 1 metre 0.30 metres 3 1 metre or more but below 1.50 metres 0.60 metres 4 1.5 metres and above 0.75 metres Provided that when the open space/yard actually provided is more than the minimum prescribed as per these rules, the width of cornice, roof or weather shade shall be permitted corresponding to the increase in the open space/yard provided. Provided further that no door or window shall be permitted if the open space on that portion is less than 1 metre. However ventilator opening may be made above a height of 2.1 metres from the corresponding floor level if the open space on that side is at least 0.60 metres. Provided also that in the case of construction of buildings in small plots and building construction as per approved schemes of these rules, windows shall be permitted if the open space on that side is at least 0.60 metres. Provided also that flight of steps or ramps, all open to sky, with or without parapets or railings meant as access to upper or lower floors shall be permitted in the open space if such stair, step or ramp has minimum 0.60 metres distance from the boundaries. Provided also that the underneath of such flight of steps or ramp, shall not be enclosed however pillars may be permitted for its support. Coverage of the floor space index is provided under Rule 27. Provided also that the underneath of such flight of steps or ramp, shall not be enclosed however pillars may be permitted for its support. Coverage of the floor space index is provided under Rule 27. Provision for access is listed under Rule 28. Rule 29 deals with parking, loading and unloading spaces, and Table 9 provides for off-street parking spaces. 10. Before the learned Single Judge discussion was focused on the definition of "Covered Area" under Rule 2(1)(aa)(iii), particularly Clause III, which refers to ramps that are open to the sky. Relying on this definition and reading together with Rule 26(10), it was concluded that a ramp open to the sky does not form part of the coverage or builtup area. 11. However, a closer examination of the Rules indicates that the ramp mentioned in Rule 2(1)(aa)(iii) is not the same type as the one proposed by the Petitioners. Under Rule 2(1)(aa)(iii), a "ramp open to the sky" is grouped with a "flight of steps," and both are described as open to the sky. Applying the principle of noscitur a sociis, the term "ramp" in this context must take its meaning from the associated category, namely, "flight of steps." Both are meant for pedestrian use, not vehicular movement. The ramp referred to in Rule 2(1)(aa)(iii) is intended to facilitate easy pedestrian access, such as for individuals using wheelchairs, etc. This type of ramp is typically located next to a flight of steps to ensure accessibility. This Rule thus clearly contemplates a pedestrian ramp rather than a vehicular ramp like the one proposed by the Petitioners. 12. However, this conclusion would not mean that the Petitioners are not entitled to any relief, as this situation is governed by another Rule, i.e., Rule 2(1)(by), “the parking space”. Parking space is defined under Rule 2(1)(by), which reads as under: ‘parking space’ means an area enclosed or unenclosed, sufficient in size to park vehicles, together with a driveway connecting the parking space with a street and permitting ingress and egress of vehicles; (emphasis supplied) Therefore, parking space would mean an area enclosed or unenclosed, including the driveway connected to the parking space with the street. The open parking space, as stated earlier, can be provided on the terrace. Bare perusal would show that the driveway connecting the parking space with the street is included in the definition of the parking space. The open parking space, as stated earlier, can be provided on the terrace. Bare perusal would show that the driveway connecting the parking space with the street is included in the definition of the parking space. There is no debate before us that the uncovered parking space is not considered as part of the built-up area. That being so, the uncovered driveway connecting the parking space would be part of the parking space. 13. Rule 29 deals with parking, loading and unloading spaces. Rule 29 reads thus: 29. Parking, loading and unloading spaces. (1) Dimension of each off-street parking space provided for parking motor cars shall not be less than 5.5 metres x 2.7 metres. The area requirements for each off-street parking space for parking two-wheelers shall be 3 sq. metres and 1.5 sq. metres respectively. (2) For buildings of different occupancies, off-street parking spaces for motor cars shall be provided within the plot as specified in Table 9 and 10 as the case be. (3) Parking requirement is calculated based on total floor area. TABLE 9 OFF-STREET PARKING SPACE FOR APARTMENTS/FLATS UNDER GROUP-A1 Total floor Area per Dwelling Unit Off-street Parking Spaces at the rate of Upto 75 sq. metres 1 for every 3 dwelling units Above 75 sq. metres upto 185 sq. metres 1 for every dwelling unit Above 185 sq. metres upto300 sq. metres 1.5 for every dwelling unit Above 300 sq. metres 2 for every dwelling unit Note:— Fractions if any in the total number of parking worked out shall be rounded off to the next whole number. In addition to the above, additional car parking space has to be provided inside the plot if required and on-street parking will not be permitted. TABLE 10 OFF-STREET PARKING SPACE FOR OCCUPANCIES OTHER THAN GROUP-A1 Sl. No Occupancy One parking space for every or fraction of (1) (2) (3) 1 Group A2-Lodging houses & special residential 90 sq. metres of floor area for total floor area upto 1200 sq. metres and at the rate of 60 sq. metres for the additional floor area in excess of 1200 sq. metres. 2 Group B-Educational (i) High Schools, Higher Secondary Schools, Junior Technical Schools, Industrial Training Institute etc. (ii) Higher educational institutions (i) 300 sq. metres of total floor area. (ii) 120 sq. metres and at the rate of 60 sq. metres for the additional floor area in excess of 1200 sq. metres. 2 Group B-Educational (i) High Schools, Higher Secondary Schools, Junior Technical Schools, Industrial Training Institute etc. (ii) Higher educational institutions (i) 300 sq. metres of total floor area. (ii) 120 sq. metres of total floor 3 Group C-Medical/Hospital 90 sq.metres of total floor area 4 Group D – Assembly Group D – Assembly Note:- (i) In the case of wedding halls and community halls, for calculating the floor area for the purpose of parking, the floor area of either the auditorium or the dining hall, whichever is higher, alone need be taken. (ii) In the case of library, for calculating the floor area for the purpose of parking, the areas of the stacking space for books shall be excluded. 5 Group E – Office Building 90 sq. Metres of floor area for total floor area up to 1200 sq. metres and at the rate of 60 sq. metres for the additional floor area in excess of 1200 sq. metres. 6 Group F – Mercantile/Commercial building exceeding 90 sq. metres floor area 90 sq. metres of floor area for total floor area up to 1200 sq. metres and at the rate of 60 sq. metres for the additional floor area in excess of 1200 sq. metres. 7 Group G1 – Industrial-I Building 240 sq. metres of total floor area 8 Group G2 – Industrial-II Building 240 sq. metres of total floor area 9 Group H – Storage 240 sq. metres of total floor area 10 Group J Multiplex complex 50 sq. metres of total floor area Provided that in the case of a building/building complex accommodating more than one occupancy, parking as above shall be made available in the same plot itself, earmarking the occupancy wise parking areas as detailed in Table 9 and 10 for the respective occupancies: Provided further that in the case of Government Owned Information Technology Parks, BioTechnology buildings/Parks, Government Approved Private Information Technology Parks and Government Approved Private Information Technology Buildings under Group E occupancy, the off-street car parking requirement shall be at the rate of one parking space for every 100 sq. metres of total floor area or fraction thereof. metres of total floor area or fraction thereof. (4) Every off-street parking space shall be provided with adequate vehicular access to a street, area of drives, aisles and such other provisions required and adequate area for maneuvering of vehicles in addition. Such drives, ramps, aisles intended for vehicular movements shall satisfy the following: (i) Drive way leading to off-street parking space shall have width not less than 3 metres and shall be motorable. But in the case of A1 occupancy, if the number of units is not more than 8, then the width of such motorable access to off-street car parking shall not be less than 2.4 metres. (ii) Width of ramp for driveway for one-way direction shall not be less than 3.5metres, 5.5 metres for two-way direction and at curves it shall not be less than 4 metres and 6 metres respectively, and slope of such ramps shall not be steeper than 1:7. But in case of A1 occupancy, if the number of parking is not more than 75 and in other occupancy the parking is not more than 25 the width of ramp for driveway for two-way direction may not be provided. (iii) The width of vehicular passage for rows of parking for motor cars shall not be less than 4.0 metres (iv) The headroom for the drive way, ramps, passage etc. for motor car movement shall not be less than 2.2 metres at any point. (v) The headroom of floors exclusively used for parking of cars and two wheelers shall not be less than 2.2 metres. (5) Wherever any off-street parking space is required under these rules, 25% of that area shall be provided additionally for parking two wheelers. (6) In the case of apartments/flats, 15% of mandatory offstreet parking space as in Table 9 shall be provided additionally, earmarked and maintained exclusively to accommodate visitors’ parking. (7) In addition to the parking space as in Table 10, in the case of Group F Mercantile or Commercial, Group G1-IndustrialI and Group G2- Industrial-II and Group H - storage occupancies, loading and unloading spaces each 30 sq. metres shall be provided within the plot, at the rate of one such space for each 1000 sq. metres of total floor area or fraction thereof, exceeding the first 700 sq. metres of total floor area. metres shall be provided within the plot, at the rate of one such space for each 1000 sq. metres of total floor area or fraction thereof, exceeding the first 700 sq. metres of total floor area. (8) Not exceeding fifty percent of each mandatory open yard shall be taken into account for calculating the required parking space if such open yard has adequate vehicular access and area for maneuvering. (9) The minimum mandatory open spaces around any building(s) as well as mandatory parking spaces as per these rules shall not be sold or let out for parking of vehicles other than that for the building(s). (10) Of the mandatory off-street car parking requirement as per these Rules, fifty per cent at the maximum may be provided for by mechanised parking, on condition that the owner/occupant shall ensure proper safety, structural stability and functioning of such mechanized parking system at all times. Minimum headroom of parking lot in mechanized parking shall not be less than 2 metres. (11) In case of exclusive mechanized parking facility the proposed facility may abut building and/or 1 m from the boundaries irrespective of height of the facility. (12) all buildings requiring parking shall have facility for charging electrical vehicles. The government shall notify the number of charging points to be provided in accordance with the size and occupancy of the building as required from time to time. Under Rule 29 (4), each street parking space has to be provided with vehicular access to the street. There are specific references to vehicular access and drives, driveways. Table 9 provides the total floor area per Dwelling Unit and the number of off-street parking spaces required. Reading Rule 29 would clearly show that the off-street parking space cannot be stand-alone and would need a driveway connecting the parking space with the street. Phrases such as drives, ramps, aisles, and ramp width for Driveway are used in the context of vehicular movement. 14. During the hearing, we were informed that, as a matter of policy, open-air parking on the terrace of commercial buildings is being permitted. We directed the Chief Town Planner to clarify the position regarding the stand of the State on this policy by filing an affidavit. On November 11, 2024, the Chief Town Planner submitted an affidavit explaining the rationale behind this policy. We directed the Chief Town Planner to clarify the position regarding the stand of the State on this policy by filing an affidavit. On November 11, 2024, the Chief Town Planner submitted an affidavit explaining the rationale behind this policy. The affidavit highlights that the rapid growth of the urban economy, population expansion, and improved living standards have led to a sharp increase in private vehicle ownership in the State. This, in turn, has created a increased demand for parking spaces in and around buildings. The Chief Town Planner has referred to Rule 29 of the 2019 Rules, which permits parking spaces to be located anywhere within the proposed premises, including within the building and on the terrace. The Chief Town Planner has clarified that allowing open terrace parking in commercial buildings is a deliberate policy decision to address the chronic shortage of parking spaces in urban areas in the State, and Rule 29 is intended to accommodate the growing need for parking solutions in a practical and efficient manner. 15. Open parking spaces on the terrace of a commercial building is permitted and encouraged. Providing access to these parking spaces through a driveway supported by pillars becomes a practical necessity as without which open parking on the terrace cannot be used. Therefore, an open driveway that provides access to the open terrace parking space, when considered together with the terrace parking, would fall within the definition of "parking space." Open parking space is excluded from the definition of parking area. This interpretation will also advance the purpose behind the Rules of providing incentives for terrace parking to address space shortages. It would be illogical to permit open parking on the terrace and exempt it from the built-up area, but access to it from the street by open driveway to be included in the built-up area. Such interpretation will discourage the use of open parking spaces on terraces, defeating the purpose behind permitting the same. 16. Therefore, going by both, literal and purposive interpretation, it is clear that the open-to-sky driveway as proposed by the Petitioners (termed a ramp in this matter) connecting the open-air parking on the terrace is not included in the definition of built-up area, provided the other regulations under Rules of 2019 are met. In light thereof, no interference is warranted in the conclusion reached by the learned Single Judge, though on a different rationale. In light thereof, no interference is warranted in the conclusion reached by the learned Single Judge, though on a different rationale. We make it clear that several contingencies may arise, and the vehicular access can be of different nature, some involving covering, some with mechanization. Our conclusions are regarding an open to air driveway supported on pillars to access to the terrace parking. 17. The appeal is accordingly dismissed.