IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Arul Joseph – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge against the legality of fee collection for building permits under the paddy land rules. (Para 1 , 2) |
| 2. applicability of binding judicial precedents in the absence of contrary ruling. (Para 3 , 4 , 5 , 6) |
P.V.KUNHIKRISHNAN, J.
Dated this the 18th day of June, 2026
JUDGMENT
The above Writ Petition is filed with the following prayers:
i) Call for the records relating to the case;
ii) Declare that Rule 12 (9) Kerala Conservation of Paddy Land and Wet Land Rules, 2008 , framed under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 is ultravires the provisions of the Act to the extent it provides for levy of a fee for the area of building exceeding 3000 Sq.feet proposed in lands defined as unnotified lands under the Act;
iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to refrain from collecting any fee as stipulated in Note 1 to Rule 12 (9) of the Kerala Conservation of Paddy Land and Wet Land Rules, 2008 ;
iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3rd respondent to process the petitioner’s application for building permit without insisting
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