The petitioners who are the owners in possession of 18.65 cents of land comprised in survey No.137/1 of Manjeri village in Malappuram District filed an application for constructing a commercial building in the said property. That application was rejected by the first respondent as per Ext.P3. A perusal of Ext.P3 did not reveal the real reason for rejection of the application. The only reason assigned in Ext.P3 is as follows:-
“Zonal regulationല ഉളത"ന$ല അന'മത" നല)$ന ”
ന"ര,$ഹമ"ല/ല.”
2. The real classification of the land in question is also not discernible from Ext.P3. That itself would reveal that Ext.P3 was passed without application of mind. It is the further contention of the petitioner that before passing Ext.P3, respondents have not conducted an inspection of the property in question to verify its real nature. When an application for building permit is submitted before the competent authority, that authority is bound to take a decision after considering all the relevant aspects and taking into account the relevant provisions of law. Ext.P3 did not reflect consideration of the application after taking into account all the relevant provisions or relevant facts. In such circumstances, I am of the view that the application submitted by the petitioners requires a fresh consideration at the hands of the respondents. To enable the respondents to consider the same afresh subject to the observations made hereinbefore, Ext.P3 is set aside. Consequently, there will be a direction to the second respondent to consider the application submitted by the petitioners for building permit afresh after conducting an inspection into the property in question to ascertain its real nature and also to ascertain the nature of the adjoining lands. After conducting inspection, taking into account the relevant provisions of law and also the factual position, a fresh decision shall be taken expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010