The court emphasized the principle of no fee under specific circumstances as established in prior case law.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i) Issue a writ of certiorari or any other appropriate writ, order or direction, declaring that Rule 12 (9) of the Kerala Conservation of Paddy Land & Wetland Rules, 2018 to the extent it imposes levy if fee of @ Rs 100 for one square foot is ultra-

virus and illegal.

ii) Issue any appropriate writ, order or direction, declaring that the petitioner is not liable to pay Rs. 100/- per sq.ft. as provided under the Kerala Conservation of Paddy Land & Wetland Rules, 2018;

iii) Call for the records pertaining to Ext.P2 and quash to the extent of imposing fees to remit Rs. 100 for the construction exceeding 3000 Sq.feet to the building by issuing a writ of Certiorari finding that the same is illegal.

iv) Issue a of writ of mandamus or appropriate direction to the 4th respondent to consider the Ext.P1 application of the petitioner without insisting conversion fees for building as declared by this hon’ble court in Abad Builders Pvt Ltd V/s State of Kerala , within a time frame fixed by this Hon’ble court.

v) Dispense with filing of the translation of documents in Malayalam produced in the above writ petition.

vi) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

And vii) Allow the writ petition writ petition with cost.”

[SIC]

2. The petitioner is aggrieved because of Ext.P2 fee notice issued by the 4^th respondent for paying conversion fee as far as a building is concerned. The petitioner relied the judgment of this Court in ABAD Builders Private Ltd.

v. State of Kerala ( 2025 KLT OnLine 1033 ).

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

4. There is no dispute to the fact that the point raised by the petitioner is covered in favour of the petitioner in ABAD Builders’ case (supra). The Government Pleader submitted that the above judgment is challenged before the Division Bench of this Court by filing Writ Appeal No.495/2025. If that be the case, the orders 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. The 4^th respondent is directed to process Ext.P1 Form-6 application, without insisting any conversion fee, as far as the building is concerned, within a period of 30 days, if it is otherwise in order.

Sd/-