Table of Content
1. petitioner challenges a communication regarding conversion fee. (Para 2)
2. court hears arguments and examines related case law. (Para 3)
3. court decides to allow the writ petition subject to appeal. (Para 4)

JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Certiorari or any other appropriate writ, order or direction calling for the records leading to Ext P6 and quash the same as illegal, arbitrary and unconstitutional;

ii. To Issue a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents, particularly the 6th respondent, to process and consider the petitioner’s application for building permit bearing No. S.C3/757769/2026 dated 24.01.2026, without insisting upon payment of any levy under Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules , 2008, in the light of the judgment of this Hon’ble Court in WP(C) No. 2785 of 2021 and connected cases;

iii. Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. IV)

iv. To dispense with the translation of vernacular documents.

v. Awards and Costs.

(SIC)

2. Petitioner is aggrieved by Ext.P4 communication by which the petitioner is directed to pay conversion fee for the building. The petitioner relied on the decision reported in Abad builders Pvt. Ltd. Vs State of Kerala [2025 (1) KHC 306] .

3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the 6^th respondent.

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.’s case (supra). If that is the case, the prayers in this writ petition can be allowed. The Standing Counsel for the Panchayat and 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.P4 is set aside.

2. The 6^th respondent is directed to consider the building permit application, without insisting fee as demanded in Ext.P4, as expeditiously as possible, at any rate, within a period of thirty days from the date of receipt of a copy of this judgment, if the application is otherwise in order.

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

sd/-

P.V.KUNHIKRISHNAN JUDGE JV

Judgment reserved	NA
Date of Judgment	20.02.2026
Judgment dictated	20.02.2026
Draft Judgment placed	23.02.2026
Final Judgment uploaded	24.02.2026

APPENDIX OF WP(C) NO. 5194 OF 2026 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SAID PARTITION DEED DATED 03.06.2022 Exhibit P2 A TRUE COPY OF THE LATEST LAND TAX RECEIPT DATED 30.06.2025 Exhibit P3 A TRUE COPY OF THE ORDER DATED

18.09.2025 ISSUED BY 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE ORDER DATED

06.02.2026 ISSUED BY THE 6TH RESPONDENT Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED

25.07.2025 PASSED IN WP(C) NO. 27069 OF

2025

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