Kerala High Court
Jamshu T V vs State Of Kerala on 23 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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WP(C) NO. 38981 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 38981 OF 2025
PETITIONER/S:
JAMSHU T V
AGED 48 YEARS
S/O. E AZEES, RESIDING AT MALABAR RESIDENCY,
PUDUSSERI P.O, PALAKKAD DISTRICT, PIN - 678623
BY ADVS.
SHRI.JACOB SEBASTIAN
SMT.SHAMSEERA. C.ASHRAF
SHRI.WINSTON K.V
SMT.ANU JACOB
SMT.ANJANA KRISHNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
PALAKKAD, REVENUE DIVISIONAL OFFICE, PARAKKUNNAM
P.O, PALAKKAD DISTRICT, PIN - 678001
3 THE VILLAGE OFFICER
PUDUSSERI CENTRAL VILLAGE OFFICE, PUDUSSERI P.O,
PALAKKAD DISTRICT, PIN - 678623
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4 THE PUDUSSERI GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
PUDUSSERI P.O, PALAKKAD DISTRICT, PIN - 678623
5 THE SECRETARY
PUDUSSERI GRAMA PANCHAYATH, PANCHAYATH OFFICE,
PUDUSSERI P.O, PALAKKAD DISTRICT, PIN - 678623
OTHER PRESENT:
SRI BABU JOSEPH KURUVATHAZHA, SC
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 38981 OF 2025
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P.V. KUNHIKRISHNAN, J.
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W.P.(C.).No.38981 of 2025
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Dated this the 23rd day of October, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Quash Exhibit-P2 issuing a writ in the nature of
certiorari;
ii. Quash the condition in Exhibit-P1 which provides for
collection of fee at the rate of Rs. 100/- per square
feet for the area exceeding 3000 square feet when
the landowner wants to make constructions the plot;
iii. Issue any appropriate writ, order or direction,
declaring that the petitioner is not liable to make
any payment as provided under Rule 12 (9) of the
Kerala Conservation of Paddy Land & Wet Land
Rules, 2018;
iv. Declare that the Respondents 4 and 5 are bound to
issue building permit to the Petitioner without
making payment of the money demanded by Exhibit-
P2;
v. Issue a writ of certiorari or any other appropriate
writ, order or direction, declaring that the Kerala
Conservation of Paddy Land & Wet Land Rules, 2018
framed under Rule 12 (9) is ultra-virus the
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WP(C) NO. 38981 OF 2025
provisions of the Kerala Conservation of Paddy Land
& Wet Land Act, 2008 to the extent it imposes levy
of fee of @ Rs. 100/- for one square foot;
vi. Issue any appropriate writ, order or direction,
declaring that the petitioner is not liable to pay Rs.
100/- per square feet as provided under the Kerala
Conservation of Paddy Land & Wetland Rules, 2018;
vii. To dispense with the production of the translated
copies of documents in vernacular language;
viii. Issue such other writ, order or direction as this
Hon'ble court deems fit and proper in the
circumstances of the case.
(SIC)
2. An extent 0.0850 hectares of un-notified land was
permitted to be commercially developed by Ext.P1 order issued
by the 2nd respondent based on an application in Form-6 under
section 27A of the Kerala Conservation of Paddy Land and
Wetland Act, is the submission. At this stage, respondents 4 and
5 issued Ext.P2 notice directing the petitioner to pay the fee.
According to the petitioner, such a notice cannot be issued by
the Panchayat in the light of Ext.P4 interim order, which is made
absolute by the judgment in Abad builders Pvt. Ltd. Vs State
of Kerala [2025 (1) KHC 306].
3. Heard the learned counsel for the petitioner and the
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WP(C) NO. 38981 OF 2025
learned Government Pleader. I also heard the learned Standing
Counsel appearing for respondents 4 and 5.
4. After hearing the counsel for the petitioner,
Government Pleader and the learned Standing Counsel for the
Panchayat, I am of the considered opinion that Ext.P2 is illegal
in the light of the dictum laid down by this Court in Abad
builders' case (supra). No such fee can be demanded by the
Panchayat. Therefore Ext.P2 is to be set aside and there can be a
direction to consider the building permit application without
insisting fee. At this stage, the Government Pleader submitted
that Abad builders' case (supra) is challenged before the
Division Bench by filing Writ Appeal No.495/2025. Therefore, I
make it clear that the direction issued by this Court will be
subject to the final decision in Writ Appeal No.495/2025.
Therefore, this Writ Petition is allowed with following
directions:
1. Ext.P2 is set aside.
2. Respondents 4 and 5 are directed to consider the
building permit application, without insisting any
fee, in accordance with law.
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3. I make it clear that the direction issued by this
Court will be subject to the final decision in Writ
Appeal No.495/2025.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
jv
Judgment reserved NA
Date of Judgment 23.10.2025
Judgment dictated 23.10.2025
Draft Judgment placed 23.10.2025
Final Judgment 24.10.2025
uploaded
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APPENDIX OF WP(C) 38981/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER NO. 321/2022
DATED 26.09.2022 ISSUED BY THE SECOND
RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE COMMUNICATION ISSUED
ON 24.09.2025 BY THE FIFTH RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE SCHEDULE TO RULE
12(9) OF THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND RULES.
Exhibit-P4 A TRUE COPY OF THE INTERIM ORDER DATED
17.05.2021 IN W.P.(C) NO.2785/2021 OF
THIS HONOURABLE COURT.
