Kerala High Court
K.P.Ouseph vs The Revenue Divisional Officer on 25 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:71843
WP(C) NO. 38529 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TH
THURSDAY, THE 25 DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
WP(C) NO. 38529 OF 2024
PETITIONERS:
1 K.P.OUSEPH,
AGED 66 YEARS
S/O PATHROSE, RESIDING AT KAVANAKUDIYIL HOUSE,
PATTIKKAD P.O., THRISSUR, PIN - 680652
2 LALY OUSEPH,
AGED 65 YEARS
W/O K.P.OUSEPH, RESIDING AT KAVANAKUDIYIL HOUSE,
PATTIKKAD P.O., THRISSUR, PIN - 680652
3 PAUL JOSEPH.K.,
AGED 35 YEARS
S/O K.P.OUSEPH, RESIDING AT KAVANAKUDIYIL HOUSE,
PATTIKKAD P.O., THRISSUR, PIN - 680652
BY ADVS.
SRI.T.C.SURESH MENON
SRI.B.DEEPAK
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
AYYANTHOLE, THRISSUR, PIN - 680003
2 THE DISTRICT TOWN PLANNER,
KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
2025:KER:71843
WP(C) NO. 38529 OF 2024
2
3 THE TAHSILDAR,
THRISSUR TALUK OFFICE, OPPOSITE THRISSUR TOWN HALL,
CHEMBUKKAV, THRISSUR, PIN - 680020
4 THE VILLAGE OFFICER,
VILLAGE OFFICE,PANANCHERRY, PATTIKKAD P.O.,
THRISSUR, PIN - 680652
5 PANANCHERY GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
PATTIKKAD P.O., THRISSUR, PIN - 680652
BY ADV
SMT.PREETHA K.K., SR.GP.
SHRI.SANTHOSH P.PODUVAL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:71843
WP(C) NO. 38529 OF 2024
3
C.S.DIAS, J.
---------------------------------------
W.P.(C) No.38529 of 2024
-----------------------------------------
Dated this the 25th day of September, 2025
JUDGMENT
The petitioners 1 and 2 are husband and wife. The
3rd petitioner is their son. The 2 nd petitioner is the owner
in possession of 0.0562 hectares of land in Re-survey
Nos.36/22 and 36/23 and the 3rd petitioner is the owner
in possession of 0.2535 hectares of land in Re-survey
Nos.36/1 and 36/2 in Panachery Village in Thrissur Taluk,
covered under Exts.P1 and P2 possession certificates.
The respondents had erroneously classified the land as
'Nilam' in the revenue records. Consequently, the
petitioners had submitted an application in Form-6 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), to change the nature of
0.2788 hectares of land in the revenue records. By
2025:KER:71843
WP(C) NO. 38529 OF 2024
Ext.P4 order, the application was allowed, but with the
rider that the petitioners should set apart 0.0309
hectares of land for water conservancy measures.
Consequently, the 3rd respondent changed the nature of
the above extent of land in the revenue records.
However, when the 1st petitioner submitted Ext.P6
request before the 5th respondent for permission to
construct a building, a defect was noted regarding any
construction in the area set apart for water conservancy
measures. Although 0.0309 hectares of land have been
set apart for the water conservancy measures, there is no
legal embargo for the petitioners to park vehicles in the
area. The petitioners would take every precaution to
ensure that the rain water falls directly in the area set
apart for the water conservancy measures and the water
sweeps into the earth. The parking of the vehicles in the
area will not cause any hindrance to the free flow of
water. Even though the 3rd petitioner submitted Ext.P10
2025:KER:71843
WP(C) NO. 38529 OF 2024
request to the 2nd respondent to grant the layout
approval, the same has not been considered. The
petitioners have submitted Ext.P11 affidavit undertaking
that they will not carry out any civil construction in the
reserved area and that the vehicular parking will
interrupt the water harvesting. The inaction on the part
of the respondents is illegal and arbitrary. Hence, the
writ petition.
2. In the statement filed by the 2 nd respondent it
is contended that, after calling for a report from the
Agricultural Officer, the Form-6 was allowed as per the
sketch submitted by the petitioners for water
conservancy measures. The petitioners propose to
construct a building in the land set apart for the water
conservancy measures, which cannot be permitted. It
was in the above background that the petitioners were
directed to correct the anomalies in their application for
2025:KER:71843
WP(C) NO. 38529 OF 2024
the layout approval. There is no illegality in the action
taken by the respondents.
3. The petitioners have filed a reply-affidavit
refuting the allegations in the statement filed by the 2 nd
respondent. They have produced Ext.P12 site plan/sketch
submitted by them along with the Form-6 application.
They have stated that they have no intention to utilise
the property set apart for the water conservancy
measures for any construction. The petitioners undertake
to construct a percolation pit in the land for the water
conservancy, which satisfies the requirements under
Section 2 (xviiB) of the Act. Therefore, the respondents
may be directed to permit the proposed construction.
4. Heard; the learned counsel for the petitioners,
the learned Senior Government Pleader and the learned
Standing Counsel for the 5th respondent-Panchayat.
5. Ext.P4 order was passed by the authorised
officer, permitting the conversion of the petitioners'
2025:KER:71843
WP(C) NO. 38529 OF 2024
property based on their application and the suggestion
made in Ext.P12 sketch. In Ext.P12 sketch, the
petitioners had set apart 10% of the total extent of the
property for the water conservancy measures as per the
mandate under the proviso to sub-section (2) of Section
27A r/w Rule 12(2) of the Act and the Rules.
6. Rule 12(2) of the Rules explicitly stipulates
that if conversion is sought for a land exceeding 20.23
Ares, 10% of the land has to be set apart for water
conservancy. In the sketch, the 10% area is to be marked
in blue colour and the remaining extent is to be marked
in red colour, with a detailed plan regarding the water
conservancy measures proposed to be implemented.
7. A perusal of Ext.P12 sketch shows that the
petitioners have only set apart 10% of the total extent of
land for water conservancy measures, without
mentioning anything regarding the proposed vehicle
parking or their intention to construct a underground
2025:KER:71843
WP(C) NO. 38529 OF 2024
tank for water conservancy, as now submitted before this
Court. Therefore, I am of the definite view that there is
no illegality on the part of the respondents in not
permitting any construction in the area set apart for the
water conservancy because there was no such proposal
submitted by the petitioners.
8. Nonetheless, I find sufficient force in the
contention of the learned Counsel for the petitioners
that, in view of Section 2(xviiB) of the Act, there is no
prohibition to construct underground tanks for the water
conservancy. It is apposite to refer to Section 2(xviiB) of
the Act, which reads as follows:
"water conservancy measures" means and includes
covered or uncovered rain water harvesting structures,
surface or underground, including tanks, reservoirs, pits,
trenches, ponds or any other structure suitable for
collection of rain water or water flowing through paddy
land or unnotified land without causing hindrance to the
free flow of water to neighboring paddy lands and
drainage channels."
2025:KER:71843
WP(C) NO. 38529 OF 2024
9. The above provision undoubtedly permits
water conservancy measures to be in a covered or
uncovered rain water harvesting structures, surface or
underground, including tanks, reservoirs, pits, trenches,
ponds or any other structure suitable for collection of
rain water or water flowing through paddy land or
unnotified land without causing hindrance to the free
flow of water to neighbouring paddy lands and drainage
channels.
10. In light of the above provision, enabling the
construction of underground tanks, and the petitioners
volunteering to construct an underground tank so that
they can use the overhead property for the purpose of
parking, etc., I am of the definite view that the
petitioners have to be granted an opportunity to resubmit
a fresh sketch with a detailed plan, detailing the manner
in which they propose the water conservancy measures.
Therefore, notwithstanding Ext.P4 order passed by the
2025:KER:71843
WP(C) NO. 38529 OF 2024
1st respondent, I permit the petitioners to resubmit a
sketch with a detailed plan before the authorised officer
within one month from today, along with a copy of this
judgment. If such sketch and plan are submitted within
the prescribed time, the authorised officer shall, after
following the procedure prescribed under the Act and the
Rules, take a decision on the sketch and plan, in
accordance with law and as expeditiously as possible, at
any rate, within three months from the date of
submission of the sketch and plan. It is clarified that, the
authorised officer shall not revisit the order passed on
the Form-6 application, which has already been allowed
in favour of the petitioner, but shall only consider the
feasibility of the proposal of water conservancy measures
now suggested before this Court. If the sketch and plan
are approved, consequential changes shall be made in
the revenue records and a decision shall be taken on the
application for layout approval, in accordance with law.
2025:KER:71843
WP(C) NO. 38529 OF 2024
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
2025:KER:71843
WP(C) NO. 38529 OF 2024
APPENDIX OF WP(C) 38529/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE
POSSESSION
CERTIFICATE ISSUED BY
THE 4TH RESPONDENT TO
THE 2ND PETITIONER,
DATED 9.10.2024.
EXHIBIT-P2 TRUE COPY OF THE
POSSESSION
CERTIFICATE ISSUED BY
THE 4TH RESPONDENT TO
THE 3RD PETITIONER,
DATED 9.10.2024.
EXHIBIT-P3 TRUE COPY OF THE
COMMUNICATION NO.A3-
405/ 2020 ADDRESSED
BY THE 5TH RESPONDENT
TO THE 1ST
PETITIONER, DATED
18.1.2020.
EXHIBIT-P4 TRUE COPY OF THE
ORDER NO.D1-
9647/2019/R.DIS.
ALONG WITH THE SKETCH
PASSED BY THE 1ST
RESPONDENT, DATED
7.6.2021.
EXHIBIT-P5 TRUE COPY OF THE
ORDER PASSED BY THE
3RD RESPONDENT VIDE.,
NO.B10-187/2019,
DATED 24.12.2021.
EXHIBIT-P6 TRUE COPY OF THE
REQUEST MADE BY THE
1ST PETITIONER TO THE
5TH RESPONDENT, DATED
9.7.2021.
EXHIBIT-P7 TRUE COPY OF THE
COMMUNICATION NO.SC3-
3789/2022 ADDRESSED
BY THE 5TH RESPONDENT
TO THE 2ND
2025:KER:71843
WP(C) NO. 38529 OF 2024
RESPONDENT, DATED
13.2.2024.
EXHIBIT-P8 TRUE COPY OF THE
COMMUNICATION
NO.LSGD/JD/
TSR/1480/2024-N3
ISSUED BY THE 2ND
RESPONDENT ADDRESSED
TO THE 5TH
RESPONDENT, DATED
4.5.2024.
EXHIBIT-P9 TRUE COPY OF THE
COVERING LETTER
NO.SD3-3789/2022 OF
THE 5TH RESPONDENT
ADDRESSED TO THE 2ND
RESPONDENT, DATED
15.6.2024.
EXHIBIT-P10 TRUE COPY OF THE
REQUEST MADE BY THE
3RD PETITIONER BEFORE
THE 2ND RESPONDENT,
DATED 5.6.2024.
EXHIBIT-P11 TRUE COPY OF AN
AFFIDAVIT SUBMITTED
BY PETITIONERS 2 AND
3, DATED 5.6.2024.
EXHIBIT-P12 A TRUE COPY OF THE
SITE PLAN WITH THE
PROPOSED SCIENTIFIC
PERCOLATION PIT
RESPONDENT ANNEXURES
ANNEXURE R2(A) TRUE COPY OF THE
MINUTES OF THE
MEETING HELD ON 08-
10-2024
