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
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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:
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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
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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
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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
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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
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WP(C) NO. 24568 OF 2025
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
