Fee exemption for properties under specific regulations must be properly assessed by authorities as per the applicable law.

J U D G M E N T

The petitioners have filed applications under Section 27A of the Kerala Conservation of Paddy and Wetland Act , 2008, (hereinafter referred to as ‘the Act’) seeking permission to utilise the properties covered by the afore applications. By Exts.P6 and P7, issued by the 2^nd respondent, the petitioners were directed to satisfy the fee payable under the provisions of Section 27A of the Act for considering the applications filed as above.

2. Heard Sri.Neeraj M.S., the learned counsel appearing for the petitioner, and Sri.N.B.Sunil Nath, the learned Government Pleader appearing for the respondents.

3. Insofar as the petitioners are entitled for exemption from payment of fee with respect to the properties up to 25 cents, in my opinion, the notices at Exts.P6 and P7 require to be set aside with a direction to the 2^nd respondent herein to consider the issue afresh, taking note of the benefit of exemption and after applying the same.

In such circumstances, this writ petition would stand allowed, setting aside Exts.P6 and P7 and the 2^nd respondent is directed to pass orders on Exts.P3 and P5 applications filed by the petitioners afresh, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

Sd/-

HARISANKAR V. MENON JUDGE