Authority's imposition of additional fees for construction permits was ruled inconsistent with existing regulations.

JUDGMENT

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

"1. Issue a writ of certiorari or appropriate writ order or direction, quashing Exhibit P6 and P7.

2. Issue a writ of mandamus or appropriate writ order or direction, directing the 6 and 7th respondent to process the building permit application of the petitioner without imposing condition for payment of additional Rs.100/- per Sq.ft for constructions to be made excess of 3000 Sq.ft as provided in Exhibit P6 or P7 and in Rule 12 (9) ( note 1 to schedule ) of the Kerala Conservation of Paddy land and Wet land Rules , 2008 .

3. Issue a writ of certiorari or appropriate writ order or direction, quashing condition no. 2 in Exhibit P3 and P4.

4. Declare that Rule 12(9) (note 1 to schedule) of the Kerala Conservation of Paddy land and Wet land Rules , 2008 is ultra vires Section 27 A of the Paddy land and Wet land Act and the same is illegal and unconstitutional.

5. This Hon’ble Court may grant leave to the petitioners from filing the translation of the vernacular documents produced with the writ petition.

6. Issue appropriate order or direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. "

[SIC]

2. The petitioner is aggrieved by Exts.P6 and P7 communications issued by the Panchayat, in which it is stated that the petitioner has to pay additional free for the building.

3. The petitioner relied the judgment of this Court in Abad Builders Private Limited v. State of Kerala [2025 (1) KHC 306] .

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the 6^th respondent.

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 Private Limited case (supra). But, the learned Government Pleader submitted that the above said judgment is challenged before the Division Bench as W.A No.495/2025.

If that is the case, the directions issued by this Court will be subject to the final decision in the above said writ appeal. Therefore, this writ petition is disposed of with the following directions:

(i) Exts.P6 and P7 are set aside.

(ii) The 7^th respondent is directed to process the building permit, without insisting additional fee, if it is otherwise in order, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a copy of this judgment.