The fee for changing property category cannot exceed the limits defined by law when property size is undisputed.

J U D G M E N T

Heard Smt.Swarna Thomas, the learned counsel for the petitioner, Sri.P.M.Pareeth, the learned counsel for respondents 3 and 4 and Sri.Sunil Nath, the learned Government Pleader.

2. The petitioner is stated to be an owner in possession of an extent of 15.29 cents of property in Sy.No.159/2 in T.P.No.6795 of Pappinisseri Village, obtained by him pursuant to Ext.P1 sale deed and Ext.P2 partition deed of the year 1974. As regards the extent of the property, there may not be any dispute that even during 1974, when Ext.P2 was executed, the extent of the property was less than 25 cents. The petitioner contends that, when he applied for change in the nature of the property by filing an appropriate application under Section 27A (1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 , Ext.P5 notice has been issued by the 1^st respondent herein directing the petitioner to pay an amount of Rs.89,136/- as fees payable therein.

3. Insofar as there is no dispute as regards the total extent of the property for which an application under Section 27A (1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 was filed, I am of the opinion that the demand of fee pursuant to Ext.P5 is not in order.

Therefore, this writ petition would stand allowed, setting aside Ext.P5. Inso far as it is pointed out by the learned counsel for the petitioner that the amount demanded pursuant to Ext.P5 has been satisfied, under protest, pursuant to the order of this Court dated 27.02.2023, there will be a direction to the respondent to refund the afore amount to the petitioner as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a copy of this judgment.