JUDGMENT :

SHAJI P. CHALY, J.

1. State of Kerala and one of its officials have preferred this appeal challenging the judgment of the learned Single Judge in W.P. (C) No. 17072 of 2019 dated 29.10.2019, whereby the learned Single Judge disposed of the writ petition, directing the Secretary of the Kozhikode Corporation, to reconsider the building permit application submitted by the writ petitioner, dehors the first condition contained therein in respect of zoning as residential area, and to pass an appropriate order, after complying with all necessary and imperative requirements under the applicable building rules and other statutes, rules and regulations, as are relevant.

2. It is made clear in the judgment that what was considered was only the validity of Ext.P2 order passed by the Secretary of the Corporation dated 09.05.2019, declining building permit to the writ petitioner, basically for the reason that the property in question owned by the writ petitioner and for which the building permit was sought, is included in the DTP scheme as a residential area, whereas the application was seeking permit for construction of a commercial building. The said findings were rendered by the learn