The petitioner, owner of an extent of 2½ cents of land within the first respondent Corporation had been permitted to construct a double storied building as per Exhibit P1 approved plan. However, the petitioner had not constructed the first floor because of financial problems. Thereafter, as per Exhibits P2 and P3, the petitioner had constructed two rooms on the eastern and southern sides of the said building. Exhibit P1 plan expired on 28.05.2005. Therefore, the petitioner submitted a fresh plan Exhibit P4 for approval. However, the same has been rejected by Exhibit P5. 2. Advocate V.E. Abdul Gafoor appears for the Corporation.
3. A perusal of Exhibit P5 shows that, one of the reasons for rejection of the petitioner's plan was that, the W.P.(C) No.26677 of 2014-H -:2:-
petitioner's building was a tiled structure. The said presumption is wrong, in the light of Exhibit P1. For the above reason, it is absolutely necessary that the entire matter be reconsidered by the first respondent.
In view of the above, Exhibit P5 is set aside. The first respondent is directed to consider Exhibit P4 afresh and to pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner also. Orders as indicated above shall be passed, as expeditiously as possible and at any rate within a period of four weeks of the date of the date of receipt of a copy of this judgment.
Sd/- K.SURENDRA MOHAN, JUDGE kkj