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2025 Supreme(Online)(Ker) 58855

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JOY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PRAMOJ ABRAHAM
For the Respondents: SRI K JANBARDHANA SHENOY, SC

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“1) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P-6 order dated 17.10.2025 issued by the 4th respondent and set aside the same to the extent it insists on payment of additional fee for the area exceeding 3000 sq. ft. in terms of Rule 12(9) of the Kerala Conservation of Paddy Land and Wet Land Rules.

2) Declare that Rule 12(9) of the Kerala Conservation of Paddy Land and Wet Land Rules is ultra vires the provisions of the Act and consequently void and unenforceable.

3) Declare further that a levy of fee in terms of Rule 12(9) for grant of permit in respect of the area of buildings exceeding 3000 sq. ft. in an unnotified land as defined u/s. 2(xvii A) of the Act and covered by an order in terms of Sec.27 (A) (1), is inconsistent with the provisions of the statute and is beyond the rule making power conferred as per Sec.30 of the Act.

4) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to process the Exhibit P5 application dated 15.10.2024 submitted by the petitioner, pending disposal of th

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