dissenting. I readily concede that the decisions in Cooley v. Enzor, 190 Ga. 290 (9 SE2d 277), and City of Decatur v. Fountain, 214 Ga. 225 (104 SE2d 117), come close to requiring the decision of the majority. But I believe they are distinguishable on their facts. I would, however, prefer to overrule them in so far as they might hold the govern*730ing authorities, invested with authority and a duty to zone lands to specified uses, must, despite the fact that they are in the process of zoning, grant a building permit to an individual to construct a building for a different use on land embraced therein.
The basic reason for my dissent is that mandamus will not issue unless, at the time of issue, the law imposes a plain duty upon the public official to act. Gay v. City of Lyons, 210 Ga. 761 (82 SE2d 817). The zoning procedure requires notice and hence can not be completed in an hour. When decided upon and procedures are put in motion, as here, to zone to residence uses, courts should not by mandamus force the officials to issue a permit to erect apartment houses in the same area. Such a rule puts in the hands of one disgruntled person the power to completely thwart the will of the public, thereby nullifying the zoning law which is authorized by the Constitution. All property is held subject to the zoning law, and the public has a right to have the zoning laws executed.