JUDGMENT :

P.B. SURESH KUMAR, J.

1. Petitioner owns, along with two others, a land measuring 15.605 Ares in Resurvey Nos. 83/3, 83/4, 83/5 and 83/6 of Kasaba Village in Kozhikode District. It is stated by the petitioner that the said land is situated in a commercially important area within the limits of the first respondent Corporation (The Corporation). In order to use the land beneficially, the petitioner and others have decided to put up a commercial building therein and preferred an application to the Corporation for building permit. On the said application, the petitioner has been issued Ext.P4 communication by the Corporation pointing out the defects noted on the application. According to the petitioner, he is prepared to cure the defects noted on the application except Defects 1 to 3 for, the same according to him, are unsustainable in law. Defect No. 1 noted on the application is that the area is covered by a Detailed Town Planning Scheme (the Scheme) and commercial buildings having plinth area exceeding 150 square meters are not permissible in the area in terms of the Scheme. Defect No. 2 is that Floor Space Index exceeding 1.5 is also not permissible in the area in terms of