Kerala High Court
Rajeev Sebastian vs The State Of Kerala on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:55094
WP(C) NO. 24568 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 24568 OF 2025
PETITIONER:
RAJEEV SEBASTIAN
AGED 61 YEARS
S/O.LUKA DEVASIA PARAYARUTHOTTAM THALAPPALAM
KALATHUKADAVU (PO), KOTTAYAM DISTRICT,, PIN -
686579
BY ADVS.
SRI.BINOY VASUDEVAN
SRI.SREEJITH SREENATH
SMT.RINCY KHADER
SMT.K.V.RAJESWARI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI
ERNAKULAM,, PIN - 682001
3 THE AUTHORIZED OFFICER/THE DEPUTY COLLECTOR
(REVENUE RECOVERY)
COLLECTORATE, CIVIL STATION KAKKANAD ERNAKULAM, PIN
- 682030
4 THE VILLAGE OFFICER
2025:KER:55094
WP(C) NO. 24568 OF 2025
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ELAMKULAM VILLAGE KADAVANTHRA (PO) ERNAKULAM, PIN -
682020
5 THE COCHIN CORPORATION
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE
BOAT JETTY ROAD, ERNAKULAM, PIN - 682031
BY ADV SRI.SOBHAN GEORGE
OTHER PRESENT:
GP.SMT.JESSY S. SALIM, SC-SRI.K.JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:55094
WP(C) NO. 24568 OF 2025
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Dated this the 25th day of July, 2025
JUDGMENT
The writ petition is filed to direct the 5 th respondent to consider the petitioner's application for building permit without insisting for payment of any fee in respect of the proposed building @ Rs.100/- per square feet for the plinth area in excess of 3000 square feet under Note 1 to the Schedule under Rule 12(9) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 (' Rules' in short).
2. The petitioner is the owner in possession of 4 Ares and 68 Sq.Metres of land in Elamkulam Village, Kanayannur Taluk, covered under Exts.P1 document and P3 land tax receipt. The petitioner's property is a converted land. However, the property was classified as 'Nilam' in the revenue records. To change the category of the property in the revenue records, the 2025:KER:55094 WP(C) NO. 24568 OF 2025 4 petitioner has submitted a Form 6 application under Section 27A read with Rule 12(1) of the Act and Rules. Even though, by Exts.P4 and P5 orders, the application stands allowed, the petitioner has been directed to remit fee in respect of the proposed building at the rate of Rs.100/- per square feet for the plinth area exceeding 3000 square feet. In Abad Builders Private Ltd. v. State of Kerala and others (2025 (1) KLT 310), this Court has struck down Note 1 to the Schedule under Rule 12(9) of the Rules as ultra vires of the Constitution of India. In light of the striking down of Note 1, the petitioner is not liable to pay any fee. Therefore, the 5th respondent may be directed to process the petitioner's application for building permit without insisting for payment of any fee. Hence, the writ petition.
3. When the writ petition came up for consideration on 4.7.2025, this Court admitted the writ 2025:KER:55094 WP(C) NO. 24568 OF 2025 5 petition and passed an interim order, directing the 5 th respondent to process the application for building permit without insisting for payment of any fee in view of the law laid down by this Court in Abad Builders Private Ltd.'s case (supra)
4.Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the 5 th respondent.
5. The learned Senior Government Pleader submits that, as the judgment in Abad Builders Private Ltd.'s case (supra) is challenged in W.A. No.495/2025 and the same is pending consideration and not withstanding the 5th respondent issuing the building permit, the petitioner's liability to pay fee shall be subject to the result of the writ appeal.
On a consideration of the facts and the materials on record, especially the law laid down by 2025:KER:55094 WP(C) NO. 24568 OF 2025 6 this Court in Abad Builders Private Ltd.'s case (supra) and that the building permit has been issued, I close the writ petition, by making it clear that the petitioner's liablity to pay fee in respect of the proposed building would be subject to the result of W.A.No. 495/2025.
SD/-
C.S.DIAS, JUDGE rmm/25/7/2025 2025:KER:55094 WP(C) NO. 24568 OF 2025 7 APPENDIX OF WP(C) 24568/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.769/2020 OF S.R.O ERNAKULAM DATED 29.02.2020 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATED DATED 14.03.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 02.04.2025 Exhibit P4 TRUE COPY OF ORDER NO.786/2024 DATED 19.09.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF ORDER NO.3117/2024 DATED 15.02.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT ACKNOWLEDGING THE APPLICATION DATED 11.04.2025