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2026 Supreme(Online)(Ker) 14196

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ALBY A V @ ALVY VARGHESE – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ABRAHAM MATHEW (VETTOOR), SRI.ANIL ABEY JOSE, SHRI.ASHWIN SAJ, SMT.LOYANA K.V., SMT.JEENA JOSE
For the Respondents: SHRI.K.S.ARUN KUMAR, SMT PREETHA K K

JUDGMENT

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

"i. Call for the records leading to Ext.P7 (to the extent of clause 2 of the terms and conditions) issued by the 2nd respondent and Ext.P9 demand made by the 3rd respondent and quash and set aside the impugned demand for payment of additional fee of Rs.100/- per square foot for the built-up area exceeding 3000 sq.ft. imposed thereunder as arbitrary and ultra vires the relevant provisions of the Act.

ii. Declare that Note 1 to Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (insofar as it proposes to levy an additional fee of Rs.100/- per sq.ft. for construction exceeding 3000 sq.ft.) is ultra vires the Kerala Conservation of Paddy Land and Wetland Act , 2008 and unconstitutional.

iii. Declare that the petitioner is not liable to pay any additional fee under Rule 12(9) or Note 1 thereto for the purpose of obtaining building permit or for construction of the proposed building having a built-up area of 381.85 sq.m. (4110.19 sq.ft.) as per Ext.P8 application iv. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent Municipality to consi

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