The court confirmed that additional fees for building permits beyond specified plinth areas are illegal based on prior judgments.

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 and that no demand or fee under the said Note can be imposed upon the petitioner.

4. To dispense with the production of translated vernacular documents.

5. Grant such other reliefs as this Hon’ble Court may deem fit and proper in the interest of justice. ”

[SIC]

2. The direction in Ext.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. is challenged in this Writ Petition.

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

4. There is no dispute to the fact that the points raised by the petitioner is covered in favour of the petitioner in Abad Builders Pvt. Ltd. v. State of Kerala & Others [2025 KLT OnLine 1033].

5. The learned Government Pleader submitted that the above judgment is challenged before the Division Bench of this Court and Writ Appeal No.495/2025 is pending.

6. If that be the case, the directions issued by this Court will be subject to the final decision in Writ Appeal No.495/2025.

Therefore, this Writ Petition is disposed of with the following direction:

The 3^rd respondent/authorised o directed to process Form-7 application without insisting fee for the proposed building @₹100 per sq.ft. for the plinth area exceeding 3000 sq.ft, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

Sd/-