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2026 Supreme(Online)(Ker) 5712

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K.P. ASOKAN – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 15709 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.MOHAN PULIKKAL, SMT.MANJU RAJAN, SMT.A.AMRUTHA VIDYADHARAN
For the Respondents: GP – SMT. PREETHA K K

Court mandated processing of land conversion application without imposing conversion fee under specific regulations.

Headnote:The writ petition addresses the conversion fee for land as per the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner claims exemption due to property size under applicable regulations. The Court directs the respondent to process the land conversion application without the fee within six weeks from receiving the judgement copy. Key issues involve statutory interpretation and procedural adherence.

Table of Content
1. petitioner seeks exemption from conversion fees. (Para 1 , 2)
2. court hears arguments regarding the application. (Para 3)
3. court assesses the validity of the conversion fee. (Para 4)

JUDGMENT

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

"(i) a Writ of Certiorari or any other writ, order or direction quashing Ext.P8, P10 and P12 letters/order passed by the 2nd respondent;

(ii) a Writ of Mandamus or any other writ, order or direction declaring that the petitioner’s land admeasuring 24.50 cents (9.92 ares) in Survey No.162/2-4 and 162/4-11 of Kuttippuram Village, Tirur Taluk, Malappuram District, is eligible for exemption from payment of conversion fees under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 Act as per Ext.P7 Notification;

(iii) a Writ of Mandamus or any other writ, order or direction commanding the 2nd respondent to pass orders allowing the petitioner’s Ext.P2 application for conversion of the nature of his land under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 , free of payment of the conversion fees as granted by Ext.P7 Government Order;

(iv) an order dispensing with production of English translation of the exhibits in Malayalam for the present;

(v) any other or further order as may be deemed fit on the facts and in the circumstances of the case."

[SIC]

2. Petitioner submitted Ext.P2 Form – 6 application for conversion of the nature of his land. The petitioner is aggrieved because coversion fee is claimed as per Ext.P8. According to the petitioner, the property is below 25 cents, and therefore, in the light of Ext.P7 circular, the petitioner need not pay the coversion fee. Hence this Writ Petition is filed.

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

4. When this Writ Petition came up for consideration before this Court on 26.11.2025, this Court directed the 3rd respondent to measure the property of the petitioner mentioned in Ext.P2 application and submit a report. The Government Pleader made available a report submitted by the 3rd respondent, in which it is stated that the property is measured and the extent is only 0.0994 Hectares, which is equivalent to 24.556 cents. If that be the case, the direction to pay conversion fee cannot be imposed on the petitioner.

Therefore, this Writ Petition is disposed of in the following manner:

The 2nd respondent is directed to process Ext.P2 application without insisting for conversion fee, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

Sd/-

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