JUDGMENT :

Mohammed Nias C.P., J

The petitioners challenge Ext.P5, an order rejecting the application for a building permit stating four reasons, out of which one is that the property is included in the DTP scheme which restricts putting up residential buildings above 180 sq.mtrs. In this writ petition, this is a specific averment that there are so many commercial buildings in and around the petitioners' property in paragraph 2 of the writ petition. There is no denial of the said averments in the counter affidavit filed by the respondents. It is stated that the 2nd petitioner had submitted an application for constructing a commercial cum residential building on 19.08.2022 with 1237.40 sq. mtrs in 7.9073 ares of land situated in Revenue Ward-17 of Kozhikode Corporation which on inspection was found to be included in DTP scheme for ward 17, in the zone specified as “reserved for residential area ". Three defects were also noticed in Ext.P.5 order, alleging violation of the building Rules.

2. The learned counsel for the petitioners relies on the judgment of this Court in Gopalakrishnan T.V v. State of Kerala and others [2011 (3) KHC 162] wherein it was held that when there are many comme