The court held that demanding fees contrary to precedent is unenforceable, allowing the petition to quash fee demands as per established legal framework.

JUDGMENT

This writ petition is filed with following prayers:

i. Call for the entire records leading up to Exhibit P1 and quash the same by the issuance of a writ of certiorari or any other appropriate, writs, orders, or directions to the extent it demands fee for the proposed construction, in view of the decision reported in Abad Builders Pvt. Ltd. v. State of Kerala (2025(1) KHC 106);

ii. Declare that the demand contained in Exhibit P1 to the extent of Rs.4,10,800/- for the proposed construction, is against the dictum laid down by this Hon’ble Court in Abad Builders Pvt. Ltd. v. State of Kerala (2025(1) KHC 106) and the connected cases and the same is unenforceable in law;

iii. Dispense with the filing of English translation of Vernacular documents;

iv. Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case. (SIC)

2. The main prayer in this writ petition is to quash Ext.P1 to the extent it demands fee for the proposed construction.

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

4. There is no dispute to the fact that the point raised in this writ petition is covered in favour of the petitioner in the decision reported in Abad Builders Pvt. Ltd. v. State of Kerala [2025 (1) KHC 306]. If that is the case, the prayer in this writ petition can be allowed. The Government Pleader submitted that the decision in Abad builders Pvt. Ltd.’s case is challenged before the Division Bench by filing Writ Appeal No.495/2025. Therefore, I make it clear that the direction issued by this Court will be subject to the final decision in Writ Appeal No.495/2025.

Therefore, this Writ Petition is allowed in the following manner:

1. Ext.P1 is quashed to the extent of demanding fee for the proposed construction.

2. The 1^st respondent/Authorised O directed to process the Form-6 application, without insisting fee as directed above, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, if other formalities are complied.

3. It is made clear that the direction issued by this Court will be subject to the final decision in Writ Appeal No.495/2025.

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