Court affirmed that fee demands exceeding established guidelines are not enforceable, ensuring compliance with precedents.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext-P5 to the extent it directs the petitioner to remit an amount of Rs.1,09,800/- as fee for the existing building area exceeding 3000 sq.ft. while considering the petitioner’s Form-6 application.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to process and allow the petitioner’s Form-6 application and to effect correction of the description of the petitioner’s property in the revenue records without insisting payment of the amount demanded in Ext-P5.

iii) Declare that the respondents are not entitled to demand any amount calculated at the rate of Rs.100/- per sq.ft. for the built-up area under Note 1 to Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 .

iv) Grant such other reliefs that this Hon’ble Court may deem fit and proper in the circumstances of the case.

v) To dispense with production of English translation of documents."

[SIC]

2. Petitioner is aggrieved by Ext.P5 fee notice, which demands fee for the existing building exceeding 3000sq.ft. The petitioner relied on the judgments of this Court in Shiji Joshy v. State of Kerala [ 2022 (7) KHC 502 ] andReeta John V. State of Kerala [2023 KHC 9383]. Aggrieved by Ext.P5, this writ petition is filed.

3. Heard the counsel for the petitioner and the Government Pleader.

4. There is no dispute to the fact that the point raised by the petitioner is covered in his favour in Shiji Joshy's and Reeta John's cases (supra). If that is the case, Ext.P5 can be set aside, and there can be a direction to the 2^nd respondent to process Form 6 application.

Therefore this writ petition is disposed of with the following directions.

1. Ext.P5 is set aside.

2. The 2^nd respondent/Authorised O directed to process Form 6 application without insisting on fee for the existing building, if it is otherwise in order, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SSG

08.11.2012 Exhibit P3 THE TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE SECRETARY, THRIKKAKARA MUNICIPALITY DATED 31.05.2014 Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY COLLECTOR (R.R)/REVENUE DIVISIONAL OFFICER NO.3213/2024 DATED 07.11.2024 ALLOWING FORM 5 APPLICATION BY THE PETITIONER Exhibit P5 THE TRUE COPY OF THE ORDER NO. 564/2026 DATED 04.02.2026 PASSED BY THE 2ND RESPONDENT DEPUTY COLLECTOR (R.R)/REVENUE DIVISIONAL OFFICER DIRECTING THE PETITIONER TO REMIT RS. 1,09,800/- BEING THE FEE FOR THE EXISTING BUILDING BEYOND

3000 SQ.FT.