Kerala High Court
Osko Builders India Pvt.Ltd vs The State Of Kerala on 22 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 33219 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 33219 OF 2025
PETITIONERS:
1 OSKO BUILDERS INDIA PVT.LTD.
T.C.NO.17/3656, JOSE BUILDING, CHALAKKUZHY ROAD,
PATTOM P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED
BY ITS DIRECTOR KAPPIL MUHAMMED SUDHEER., PIN -
695004
2 C.RAJENDRAN
AGED 72 YEARS
S/O CHELLAPPAN, ADVOCATE, LAILA NIVAS,
T.C.NO.76/2202, VENPALAVATTOM, ANAYARA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695029
3 LAILA V.S
AGED 67 YEARS
W/O ADV.C.RAJENDRAN, LAILA NIVAS, T.C.NO.76/2202,
VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695029
4 S.S.LATHA,
AGED 62 YEARS
W/O S.RAVEENDRANATH, POOVATHOOR VILAKATHU VEEDU,
VENPALAVATTOM, KADAKAMPALLY, ANAYARA P.O.,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HER
POWER OF ATTORNEY HOLDER, M/S OSKO BUILDERS INDIA
PVT.LTD., T.C.NO.17/3656, JOSE BUILDING, CHALAKKUZHY
ROAD, PATTOM P.O., THIRUVANANTHAPURAM DISTRICT
REPRESENTED BY ITS DIRECTOR KAPPIL MUHAMMED
SUDHEER., PIN - 695004
BY ADVS.
WP(C) NO. 33219 OF 2025
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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 AUTHORIZED OFFICER(DEPUTY COLLECTOR)(DM)/
THE REVENUE DIVISIONAL OFFICER UNDER THE PROVISIONS
OF THE KERALA CONSERVATION OF PADDY LAND AND WET
LAND ACT, 2008, OFFICE OF THE DEPUTY COLLECTOR,
COLLECTORATE, KUDAPPANAKUNNU P.O.
THIRUVANANTHAPURAM, PIN - 695043
3 THE THIRUVANANTHAPURAM CORPORATION
REPRESENTED BY ITS SECRETARY, OPP. TO MUSEUM VIKAS
BHAVAN P.O.. THIRUVANANTHAPURAM, PIN - 695033
4 THE SECRETARY
THE THIRUVANANTHAPURAM CORPORATION, OPP. TO MUSEUM
VIKAS BHAVAN P.O.. THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT:
GP SMT PREETHA K K,SRI SUMAN CHAKRAVARTY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 33219 OF 2025
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.33219 of 2025
---------------------------
Dated this the 22nd day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i. Issue a Writ of Certiorari or any other appropriate
Writs, Orders or directions to call for the records
leading to Exhibit P-12 and to quash the same;
ii. Issue a Writ of Mandamus or any other appropriate
Writs, Orders or directions commanding the
respondents 3 and 4 to grant building permit to the
petitioner as expeditiously as possible at any rate
within a time frame to be fixed by this Hon'ble Court in
the interest of justice;
iii. To dispense with the production of English
Translation of Malayalam Exhibits produced along with
the Writ Petition in the interest of justice;
iv. Render such other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case." (SIC)
2. The petitioner submitted an application under Form
6 in accordance to the Kerala Conservation of Paddy Land and
Wetland Act and Rules, 2008, (for short, the Act and the Rules)
and the same was allowed as per Exts.P7, P8 and P9. In
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Exts.P7, P8 and P9, there is a condition to pay a conversion fee.
The petitioner challenged the same before this Court by filing
W.P.(c) No.20915/2025. This Court allowed that prayer. It will
be better to extract relevant portion of Ext.P11.
"3. Heard; the learned counsel for the
petitioners, the learned Senior Government Pleader and
the learned Standing Counsel appearing for the 4th
respondent.
4. The learned Senior Government Pleader
submits that, the judgment in Abad Builders Private
Ltd.'s case (supra) is challenged in W.A. No.495/2025.
Therefore, if this Court quashes Exts.P13 to P15 orders,
the same 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 this
Court in Abad Builders Private Ltd.'s case (supra)
and subject to the final outcome of the writ appeal, I
allow the writ petition, by quashing Exts.P13 to P15
orders and directing the 4th respondent to process the
petitioners' application for building permit, without
insisting for the fee in respect of the proposed building.
Nonetheless, it is made clear that, this judgment would
be subject to the final outcome of W.A.No. 495/2025."
3. Thereafter, Ext.P12 is issued by the Corporation
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stating that the petitioner has to file an affidavit stating that if
writ appeal is allowed, the petitioner will pay the necessary fee.
I am of the considered opinion that the respondents' interest is
already protected by this Court in Ext.P11 judgment, in which it
is clearly stated that the orders passed will be the subject to
the final decision in W.A.No.495/2025. In such circumstances,
an additional affidavit from the petitioner is not necessary.
Therefore, Ext.P12 can be set aside and there can be a
direction to respondents 3 and 4 to do the needful, in
accordance with law for issuing the building permit.
Therefore, this Writ Petition is disposed of with the
following directions:
a) Ext.P12 is set aside.
b) The respondents 3 and 4 will do the needful in
accordance with law for issuing building permit.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 22/10/25
Judgment dictated 22/10/25
Draft Judgment placed 22/10/25
Final Judgment uploaded 23/10/25
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APPENDIX OF WP(C) 33219/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.3038/24 DATED 22-08-2024 ISSUED BY THE
VILLAGE OFFICER KADAKAMPALLLY
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
03-04-2025 ISSUED BY THE VILLAGE OFFICER
KADAKAMPALLLY
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.1942/24 DATED 07-08-2024 ISSUED BY
VILLAGE OFFICER KADAKAMPALLLY
EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED
03-04-2025 ISSUED BY THE VILLAGE OFFICER
KADAKAMPALLLY
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.1933/24 DATED 08-08-2024 ISSUED BY THE
VILLAGE OFFICER KADAKAMPALLLY
EXHIBIT P6 TRUE COPY OF THE TRUE COPY OF THE LAND TAX
RECEIPT DATED 03-04-2025 ISSUED BY THE
VILLAGE OFFICER KADAKAMPALLLY
EXHIBIT P7 TRUE COPY OF ORDER NO.999/2025 DATED 28-
05-2025 ISSUED BY THE 2ND RESPONDENT WITH
RESPECT TO THE APPLICATION PREFERRED BY
THE 1ST PETITIONER
EXHIBIT P8 TRUE COPY OF THE ORDER NO.1001/2025 DATED
28-05-2025 ISSUED BY THE 2ND RESPONDENT
WITH RESPECT TO THE PETITIONERS 2 AND 3
EXHIBIT P9 TRUE COPY OF THE ORDER NO.1002/2025 DATED
27-05-2025 ISSUED BY THE 2ND RESPONDENT
WITH RESPECT TO THE 4TH PETITIONER
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED 05-
06-2025 IN W.P.(C) NO.20915 OF 2025
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.20915 OF 2025 DATED 07-07-2025
EXHIBIT P-12 TRUE COPY OF THE RETURNED THE APPLICATION
AS SEEN IN THE WEBSITE OF THE CORPORATION
DATED 30-08-2025
