Petitioner not liable for conversion fee for building on converted land under certain circumstances.

JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading up to the direction contained in Ext. P4 status and quash the same by issuance of a Writ of Certiorari or any other appropriate writ, order or direction.

ii. Issue a writ declaring that the petitioner is not liable to pay conversion fee for constructing building in the property covered by Ext. P1 document as per Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act , 2008.

iii. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1st respondent to complete the proceedings in pursuant to Ext. P3 application, within a time stipulated by this Hon’ble Court.

iv. Pass an order dispensing with the production of the English Translation of the documents in Vernacular language at the time of filing the writ petition.

v. Pass any other appropriate writ, order or direction which this Hon’ble Court may deem fit to issue and the petitioner may pray from time to time.

(SIC)

2. Petitioner committee is in possession of 4.05 Ares of land in Resurvey No.59/5-4 of Athavanad Village, as per Document No.1583/2019 of SRO Kalpakanchery is the submission. According to the petitioner, even though the land was converted long back, since the nature of the land is Nanja in the revenue records, the petitioner obtained Ext.P2 formal order removing the property from data bank. Thereafter, the petitioner submitted Ext.P3 application to change the nature of land. The 1^st respondent has not considered the above application and issued Ext.P4 status, directing the petitioner to pay conversion fee for constructing building in a converted land. Aggrieved by the same, this Writ Petition (Civil) is filed.

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

4. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner is ready to pay the conversion fee as far as the land is concerned. The petitioner only seeks an exemption from payment of fee as far as the proposed building is concerned. If that is the case, in the light of the principle laid down in in Abad builders Pvt. Ltd. v. State of Kerala [2025 (1) KHC 306] , I think the prayer of the petitioner can be allowed. The Government Pleader submitted that the decision inAbad builders’ case (supra) is challenged before the Division Bench by filing Writ Appeal No.495/2025. Therefore, I make it clear that the direction issued by this Court will be subject to the final decision in Writ Appeal No.495/2025.

Therefore, this Writ Petition is allowed in the following manner:

1. The 1^st respondent/authorised o directed to process the Form – 6 application, without insisting conversion fee for the building, in the light of the principle laid down in in Abad builders Pvt. Ltd. v. State of Kerala [2025 (1) KHC 306] , as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

2. I make it clear that the petitioner is liable to pay conversion fee as far as the land is concerned, except the building.