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2026 Supreme(Online)(Ker) 6425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SREEJITH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 48203 OF 2025



Advocates:
For the Appellants/Petitioners: K.I.SAGEER, MUHAMMED YASIL, SURYANATH S.
For the Respondents: DEEPA,V, GP

Court directed that building permit applications must be processed without payment of fees, affirming previous case rulings.

Headnote:The Writ Petition challenges the issuance of a building permit by the authorities, alleging that certain regulations are unconstitutional. The Court finds merit in the plea based on a previous similar case, mandating the processing of the application without fee requirements. The interim order from December is made absolute.

Result: The Writ Petition is disposed of as directed.

Table of Content
1. petitioners seek building permit without fee. (Para 1 , 2)
2. court affirms processing application without fees. (Para 3)
3. writ petition disposed with directions. (Para 4)

JUDGMENT

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

"i) To call for the records relating to Ext.P4 of 6th respondent and to quash the same by issue a Writ of certiorari or any other appropriate writ, order or direction;

ii) Issue a writ of Mandamus or any other appropriate Writ, direction or order directing the 6th respondent to issue building permit to the petitioners without insisting payment;

iii) To declare that, Note 1 to schedule of The Kerala Conservation of Paddy Land and Wetland (Regularization of Unauthorized Reclamation)Rules is void, ultra-virus to Kerala Conservation of Paddy Land and Wetland Act and unconstitutional;

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

v) Grant such other reliefs as this Hon’ble Court"

[SIC]

2. When this Writ Petition came up for consideration before this Court on 19.12.2025:

“Admit.

2. Learned Government Pleader takes notice respondents 1 to 4. Learned Standing Counsel takes notice respondents 5 and 6.

3. In the light of Ext-P6 order passed in a similar matter based on the decision in Abad Builders Private Limited v. State of Kerala [2025 (1) KHC 306), respondents 5 and 6 are directed to process the petitioner's application for building permit, without insisting for payment of fee @ Rs.100/- per Sq.Ft. for the plinth areas exceeding 3000 sq.ft.

4. The above order will be subject to the outcome of the Writ Appeal. No. 495 of 2025 relating to the subject pending before the Division Bench.

Post on 30.01.2026.”

3. In the light of the same, no further direction is necessary and the Writ Petition can be closed.

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

1. The interim order dated 19.12.2025 is made absolute.

2. The 5th and 6th respondents shall process the petitioners application for building permit as directed in the order dated

19.12.2025, if not already processed, within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

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