A fee demand for existing buildings exceeding 3000 sq. ft. is unenforceable as it violates prevailing statutory provisions.

JUDGMENT

The above writ petition is filed with following prayers :

i) To quash condition in Ext P2 order to the extent of demanding fee for the building constructed above 3000 sq. ft.

ii) Declare that Note (1) appended to fees schedule to Rule 12 (9) of the Kerala conservation of Paddy land and wet land Rules is unenforceable and invalid as it is repugnant to the provisions of Act 28 of 2008.

iii) Dispense with the filing of translation of vernacular documents.

iv) Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. The petitioner is aggrieved by Ext.P2 fee notice for the existing building demanding fee for construction exceeding 3000 sq. feet. In the light of the principle laid down by this Court in Shiji Joshi v. State of Kerala [2022 (5) KHC

522] and Reeta John v. State of Kerala [2023 KHC 9383], the respondents cannot demand fee for the existing building. If that is the case, this writ petition is to be allowed.

Therefore, this writ petition is allowed in the following manner :

1) Ext.P2 is set aside to the extent of demanding fee for the building constructed exceeding 3000 sq.feet.

2) The 2^nd respondent/authorised officer is directed to process the Form-6 application, without insisting the fee as directed above, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

P.V.KUNHIKRISHNAN JUDGE SKS

13.05.2025 FOR THE YEAR 2024-2025 Exhibit P2 TRUE COPY OF THE PROCEEDINGS IN FILE NO.