The court ruled that the fee demand for property conversion was unjustified, aligning with precedents on fee exemptions for small landholdings.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

" i) Call for the records pertaining to Ext.P6 application submitted by the petitioner.

ii) Issue a writ of mandamus, any other writ, appropriate order directing the 5^th Respondent to file report and complete the proceedings in connection with Exhibit.P6 within a time frame, without insisting payment for conversion.

iii) Issue a writ of mandamus, any other writ, appropriate order directing the Respondent No.2 to complete the process in Exhibit P6 application (Form 6) without insisting conversion fee as per Ext.P7, within a time frame.

iv) Provide cost of the proceedings."

[SIC]

2. The petitioner is the owner in possession of the 6.58 Ares of property in Block No.4 of Survey Nos. 256/1-8 (61 Square Meter) and 256/1- 5 (5.97 Ares) of Ananthavoor Village of Tirur Taluk of Malappuram District. According to the petitioner, his property is shown as 'Nanja' in the Revenue Records. The petitioner’s property is not included in the databank issued by the authorities. An authorised building is situated on the said property, is the submission. Thereafter, the petitioner filed Form 6 before the 2^nd respondent for conversion. Subsequent to Ext.P6, the petitioner is eligible for free conversion since the extent of property is less than 25 cents, is the submission. The respondent demanded fee from the petitioner on the basis of Ext.P6.

Aggrieved by the same, this Writ Petition (C) is filed.

3. Heard the counsel for the petitioner and the Government Pleader.

4. Both sides conceded that the point raised in this Writ Petition is covered in favour of the petitioner in ABAD Builders Private Limited v. State of Kerala [2025 (1) KHC 306] . If that is the case, the fee demand is to be set aside. The Government Pleader submitted that theAbad Builders Case (supra) is being challenged before the Division Bench by filing W.A. No.495/2025. If that is the case, the directions issued by this Court will be subject to the final decision in W. A No.495/2025.

Therefore, this Writ Petition (C) is disposed of with the following directions:

1. Ext.P7 is set aside.

2. The Authorised Officer is directed to consider Ext.P6 Form-6 application without insisting on the fee, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.