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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
NORTH FORT DEVELOPERS PVT LTD – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. petition filed for judicial relief against additional fee requirement. (Para 1) |
| 2. arguments presented against the additional fee impose based on previous judgments. (Para 2 , 3 , 4) |
| 3. court observes prior ongoing case may affect current petition's outcome. (Para 5 , 6) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
“1. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned condition in Exhibit P2, to the extent it requires the petitioner to remit an additional fee of ₹100 per sq.ft. for the plinth area exceeding 3000 sq.ft., as illegal and without jurisdiction.
2. Issue a writ of Mandamus directing the respondents to consider and grant the petitioner’s application for building permit for the proposed commercial building without insisting upon the payment of any additional fee based on plinth area, and in strict compliance with the judgments in Abad Builders Pvt. Ltd. v. State of Kerala , W.P.(C) No. 2785/2021 and Pushpavally v. Revenue Divisional Officer , W.P.(C) No. 39859/2023.
3. Declare that Note 1 to Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 has been struck down
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