Kerala High Court
Pushpavally vs Revenue Divisional Officer on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 39859 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 39859 OF 2023
PETITIONERS:
1 PUSHPAVALLY,
AGED 77 YEARS
W/O GOPALAN, KURUVATH HOUSE, PUTHUR P.O.,THRISSUR
DISTRICT, PIN - 680014
2 SIVADAS,
AGED 55 YEARS
S/O GOPALAN, KURUVATH HOUSE, PUTHUR, PUTHUR
P.O.,THRISSUR DISTRICT, PIN - 680014
3 SINDHU,
AGED 49 YEARS
W/O SIVADAS, KURUVATH HOUSE, PUTHUR, PUTHUR
P.O.,THRISSUR DISTRICT, PIN - 680014
4 ARULDAS,
AGED 57 YEARS
S/O GOPALAN, KURUVATH HOUSE, PUTHUR, PUTHUR
P.O.,THRISSUR DISTRICT, PIN - 680014
5 BEENA,
AGED 51 YEARS
W/O ARULDAS, KURUVATH HOUSE, PUTHUR, PUTHUR
P.O.,THRISSUR DISTRICT, PIN - 680014
BY ADVS.
SHRI.ASOK KUMAR K.P.
SHRI.ALEXANDER K.C.
SHRI.ABDUL HAMEED RAFI
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WP(C) NO. 39859 OF 2023
2
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR
DISTRICT, PIN - 680003.
2 THE TAHSILDAR (LAND RECORDS),
TALUK OFFICE, THRISSUR DISTRICT, PIN - 680020.
3 THE SECRETARY,
THRISSUR CORPORATION, THRISSUR DISTRICT,
PIN - 680001.
4 THE THRISSUR CORPORATION,
REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT,
PIN - 680001.
BY ADV SHRI.SANTHOSH P.PODUVAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 39859 OF 2023
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C.S.DIAS, J.
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W.P.(C) No. 39859 of 2023
-----------------------------------------
Dated this the 7th day of July, 2025
JUDGMENT
The writ petition is filed to quash Exts.P8 to P12
orders directing the petitioners to remit fee in respect of
the proposed building at the rate of Rs.100/- per sq.ft. for
the plinth area in excess of 3000 sq.ft., under Note 1 to
the Schedule under Rule 12(9) of the Kerala Conservation
of Paddy Land and Wetland Rules, 2008 and direct the 2 nd
respondent to efface the entry "സ ഭ വ വ ത യ ന
നടത യ", placed before the term 'purayidam' in Exts.P13
to P17 land tax receipts.
2. The petitioners are owners in possession of the
property covered by Exts.P1 to P5 documents. By Ext.P6
order issued under Clause 6 under the Kerala Land
Utilisation Order, 1967, the petitioners have been
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permitted to use the said properties for non-agricultural
purposes. To change the classification of the land in the
revenue records, the petitioners had submitted Form-6
applications under Section 27A read with Rule 12(1) of
the Kerala Conservation of Paddy Land and Wetland Act
and Rules, 2008 ('Act and Rules' in short). By Exts.P8 to
P12 orders, the 1st respondent allowed the Form-6
applications, but with the rider that the petitioners have
to pay fee in respect of the proposed building at the rate
of Rs.100/- per sq.ft. for the plinth area in excess of 3000
sq.ft. The 1st respondent had specifically directed the 2 nd
respondent to change the classification of the petitioners'
property in the basic tax register and revenue records as
'purayidam', under Section 27C of the Act. The condition
to remit fee in respect of the proposed building is illegal
and unsustainable in law in view of the declaration of law
made by this Court in Abad Builders Private Limited v.
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State of Kerala [2025 (1) KHC 306]. Likewise, the 2 nd
respondent ought to have complied with the directions
given by the 1st respondent in Exts.P8 to P12 orders and
classified the petitioners' property as 'purayidam' in the
revenue records, instead of converted land. The said act
is in violation of the decision of this Court in Musthafa v.
State of Kerala [2023 (5) KLT 369]. Therefore, the writ
petition may be allowed.
3. The 2nd respondent in her counter-affidavit has
stated that the petitioners are liable to pay fee in respect
of the proposed building at the rate of 100/- per sq.ft. for
the additional construction in excess of 3000 sq.ft. The
same view has been taken by respondents 3 and 4 in their
counter-affidavit.
4. Heard; the learned Counsel for the petitioners,
the learned Government Pleader and the learned
Standing Counsel appearing for respondents 3 and 4.
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5. The learned Government Pleader submits that,
the decision in Abad Builders Private Limited (supra)
is challenged in W.A.No.495/2025. Therefore, even if the
writ petition is allowed, by permitting the petitioners to
construct the building without paying any fee in respect
of the proposed building, the same shall be subject to the
final outcome of the writ appeal.
6. In Abad Builders Private Limited's case
(supra), this Court has struck down Note 1 to the
Schedule under Rule 12(9) of the Rules as ultravires of
the Constitution of India. Thus, as on today, Note 1 is not
there in the statute book. Hence, any demand for
payment of fee in respect of the proposed building is
unsustainable law. Nevertheless, the same would be
subject to final outcome of the writ appeal.
7. In respect of the other contention that, the 2 nd
respondent has exceeded his jurisdiction by entering the
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classification of petitioners' property as converted land/
സഭ വവ തയ ന നടത യ is found to be unjustifiable. I
say this because in Exts.P8 to P12 orders, the 1 st
respondent had specifically directed the 2nd respondent to
classify the petitioners' property as 'Purayidam'.
Therefore, the 2nd respondent ought to have classified the
petitioners' property as converted land in Exts.P13 to P17
land tax receipts. Nonetheless, the said classification
would also be subject to the final outcome in S.L.P.(C)
No.9524/2020 pending before the Hon'ble Supreme
Court and as observed in Musthafa's case (supra).
In the result, I dispose of the writ petition by
directing respondents 3 and 4 not to insist the petitioners
to remit the fee for the proposed building as per the
struck down Note 1 to the Schedule under Rule 12(9) of
the Rules. But, the same would be subject to the final
outcome of W.A.No.495/2025. Likewise, I direct the 2 nd
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respondent to re-classify petitioners' property as
'purayidam' in the basic tax register and the other
revenue records as directed by the 1 st respondent in
Exts.P8 to P12 orders, which shall also be subject to the
final outcome of S.L.P.(C) No.9524/2020.
With the above observations, the writ petition is
disposed of.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 39859 OF 2023
APPENDIX OF WP(C) 39859/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE DOCUMENT NO.3223/2004
DATED 07.05.2004 OF SRO, THRISSUR
EXHIBIT P-2 TRUE COPY OF THE DOCUMENT NO. 3224/2004
DATED 07.05.2004 OF SRO, THRISSUR
EXHIBIT P-3 TRUE COPY OF THE DOCUMENT NO. 3222/2004
DATED 07.05.2004 OF SRO, THRISSUR
EXHIBIT P-4 TRUE COPY OF THE DOCUMENT NO. 3221/2004
DATED 07.05.2004 OF SRO, THRISSUR
EXHIBIT P-5 TRUE COPY OF THE DOCUMENT NO. 3225/2004
DATED 07.05.2004 OF SRO, THRISSUR
EXHIBIT P-6 TRUE COPY OF THE KLU ORDER DATED
10.11.1994 PASSED BY THE 1ST RESPONDENT
EXHIBIT P-7 TRUE COPY OF THE ABOVE OCCUPANCY
CERTIFICATE DATED 19.10.2004
EXHIBIT P-8 TRUE COPY OF THE ORDER NO. D8-1014/2021
DATED 30.12.2021 PASSED BY THE 1ST
RESPONDENT
EXHIBIT P-9 TRUE COPY OF THE ORDER NO. D8-1013/2021
DATED 30.12.2021 PASSED BY THE 1ST
RESPONDENT
EXHIBIT P-10 TRUE COPY OF THE ORDER NO.D8-4564/2021
DATED 31.12.2021 PASSED BY THE 1ST
RESPONDENT IN RESPECT OF FORM 6 PREFERRED
BY THE 3RD PETITIONER
EXHIBIT P-11 TRUE COPY OF THE ORDER NO.D8-4563/2021
DATED 30.12.2021 PASSED BY THE 1ST
RESPONDENT IN RESPECT OF FORM 6 PREFERRED
BY THE 4TH PETITIONER
EXHIBIT P-12 TRUE COPY OF THE ORDER NO.D8-4562/2021
DATED 10.01.2022 PASSED BY THE 1ST
RESPONDENT IN RESPECT OF FORM 6 PREFERRED
BY THE 5TH PETITIONER
EXHIBIT P-13 TRUE COPY OF THE LAND RECEIPT BEARING NO.
KL08016101158/2022 DATED 08.04.2022
ISSUED TO THE 1ST PETITIONER
EXHIBIT P-14 TRUE COPY OF THE LAND TAX RECEIPT BEARING
NO. KL08016101156/2022 DATED 08.04.2022
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ISSUED TO THE 2ND PETITIONER
EXHIBIT P-15 THE REVISED LAND TAX RECEIPT BEARING NO.
KL08016101157/2022 DATED 08.04.2022
ISSUED TO THE 3RD PETITIONER
EXHIBIT P-16 TRUE COPY OF THE REVISED LAND TAX RECEIPT
BEARING NO. KL08016101160/2022 DATED
08.04.2022 ISSUED TO THE 4TH PETITIONER
EXHIBIT P-17 TRUE COPY OF THE REVISED LAND TAX RECEIPT
BEARING NO. KL08016101159/2022 DATED
08.04.2022 ISSUED TO THE 5TH PETITIONER
EXHIBIT P-18 TRUE COPY OF THE ABOVE REQUEST DATED
08.12.2022 AND PROPOSED PLAN
EXHIBIT P-19 TRUE COPY OF THE COMMUNICATION DATED
21.02.2023 FORWARDED BY THE 3RD
RESPONDENT
EXHIBIT P-20 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN IN MUSTHAFA V. STATE OF KERALA
[2023 (5) KLT 369]
EXHIBIT P-21 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN ABAD BUILDERS PRIVATE LIMITED V.
STATE OF KERALA [2022 (5) 522]
