ORDER : 1. The writ petition is filed for a direction to the 3 rd respondent to consider Ext.P3 application in Form 7 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 (‘Act and Rules' for short), to change the nature of the petitioner’s property in the revenue records. 2. The petitioner’s case is that his property is unnotified land. However, the respondents have erroneously classified the property as paddy land in the revenue records. To change the classification of the land, the petitioner has submitted Ext.P3 application. 3. On a perusal of the materials on record, it is emerges that the petitioner is the owner in possession of 28.25 Ares of land covered under Ext.P1 land tax receipt. However, Ext.P3 application pertains only to 25.42 Ares of land. 4. Heard. 5. The learned counsel for the petitioner submits that Ext.P3 application was confined to 25.42 Ares on the advice of the Akshaya Centre, i.e., after setting apart 10% of the total extent of land for water conservancy measures as stipulated under the proviso to sub-section (2) of Section 27A of the Act. 6. On the other hand, the learned Senior Government Pleader objected to the manner in which the application was submitted, contending that the petitioner is obligated to submit a fresh application in respect of the entire extent of land, as per the procedure prescribed under the Rules. 7. In view of the rival submissions, it is apposite to examine Sub-sections (1) and (2) of Section 27A of the Act, which reads as follows: “(1) If any owner of an unnotified land desires to utilise such land for residential or commercial or for other purpose, he shall apply to the Revenue Divisional Officer for permission in such manner as may be prescribed. (2) Notwithstanding anything contained in any judgement, decree or order of any Court or Tribunal or any other authority, the Revenue Divisional Officer may, after considering the reports of the Village Officer concerned, pass such orders as deemed fit and proper, on such applications, ensuring that there is no disruption to the free flow of water to the neighbouring paddy lands, if any, through such water conservancy measures as is deemed necessary: Provided that, if the area of such parcel of land where the application is allowed is more than 20.2 ares, ten per cent of such land shall be set apart for water conservancy measures. (Emphasis given) 8. The proviso to sub-section (2) to Section 27A mandates that, in case where the applied land exceeds 20.2 Ares, then ten percent of the applied land must be set apart for water conservancy measures. 9. It is equally necessary to consider the procedural frame work under sub-rules (1) to (12) of Rule 12 of the Rules, which reads as follows: “12. The procedure for permitting change in nature of unnotified lands as per Sub Section (2) of Section 27A: (1) In the case of an application for changing the nature of unnotified land having an extent upto 20.23 Are, the application shall be in Form-6 and that in respect of land having an extent above 20.23 Are shall be in Form-7. (2) Along with the application, sketch of such land, details regarding the plinth area of the building proposed to be constructed on said land shall be enclosed and wherein the extent of proposed land exceeds 20.23 Are, Ten percentage (10%) of the proposed land kept aside as a part of water conservancy measures shall be marked in the sketch in blue colour and the rest of the land shall be marked in red colour clearly in the sketch and a detailed plan regarding the water conservancy measures proposed to be implemented on the said 10 % land shall be included therein. (3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced. (3) Along with the said application either a demand draft of Rs.1000/- (Rupees Thousand only) in favour of said fund or proof of deposit of Rs.1000/- (Rupees Thousand only) via electronic transfer to the said fund shall be produced. (4) Revenue Divisional Officer shall forward the applications received as per Sub Rule (1) to Village Officer for report and Village Officer shall mark entry of the same in the Register maintained as per Form-8 and shall investigate upon the applications as per the order of priority and submit a report before Revenue Divisional Officer within fifteen days. (5) The report as per Sub Rule (4) shall specify the details whether such permission for change in the nature of land, hinders free water flow to adjacent paddy lands if any, and the accuracy of sketch submitted along with the application shall be examined and details regarding that shall be included. (6) Whereas the extent of such land exceeds 20.2 Are, Revenue Divisional Officer shall obtain the opinion of Agricultural Officer regarding the effectiveness of the water conservancy measures proposed to be implemented by the applicant. (7) Whereas the extent of proposed unnotified land for changing nature exceeds One Hector, Revenue Divisional Officer shall inspect the said land in person in the presence of Agricultural Officer and Village Officer. (8) Necessary modifications in the water conservancy measures, if any as per the opinion of the Agricultural Officer, Revenue Divisional Officer shall demand the applicant in writing for implementing such modifications. (9) In the applications for sanctioning change of nature of unnotified land, the Revenue Divisional Officer shall, on production of a Demand Draft for the amount shown in the schedule appended to the Rules or a proof to show that the said amount is transferred to the Fund through electronic transfer, issue orders indicating the survey number and the extent of land for which sanction has been accorded and the survey number and the extent of land in which water conservancy measures are to be adopted by the applicant and also describing the water conservancy measures and a sketch of such land indicating the aforementioned details shall be appended to the order. (10) On receipt of an order sanctioning change of nature of unnotified land, the Tahsildar shall issue an order assessing the land tax according to the extent of the land for which change of nature is sanctioned and the Village Officer shall make necessary amendments to the revenue records accordingly. (11) In cases where Sub-division is necessary, the Tahsildar shall issue order sanctioning Sub-division and the land tax for the extent of land for which change of nature is sanctioned shall be re-assessed. (12) The extent of land on which water conservancy measures need to be carried out has to be retained as separate Sub-division and recorded as wetland and no construction works shall be carried out in such land. (Emphasis given) 10. Sub-rule (2) of Rule 12 provides that, when the extent of applied land exceeds 20.2 Ares, the application must also include a sketch, setting apart 10% of the land – intended for water conservancy - from the total extent of land. The ten percent area is to be marked in blue and the remaining portion is to be marked in red. 11. Upon receiving such an application and the sketch, the Revenue Divisional Officer (‘R.D.O’, in short) shall call for a report from the Village Officer, who has to report whether the permission to change the nature of the land would hinder the free flow of water to the adjacent paddy land and also the accuracy of the sketch. If the land exceeds 20.2 Ares, then the R.D.O. shall also get the opinion of the Agricultural Officer. In case the Agricultural Officer opines that necessary modifications are to be made in the water conservancy measures shown in the sketch, then the R.D.O. shall direct the applicant to carry out such modifications in the produced sketch. If the application is allowed, the R.D.O. has to attach the approved sketch with the order. The area demarcated for water conservancy measures is to be bifurcated with a separate subdivision and recorded as a wetland in the revenue records, and no construction shall be permitted in that portion. 12. In light of the above statutory frame work, the R.D.O. (authorised officer) is vested with the power to decide the portion of land to be set apart for the water conservancy. 12. In light of the above statutory frame work, the R.D.O. (authorised officer) is vested with the power to decide the portion of land to be set apart for the water conservancy. Even though the applicant is required to submit a sketch, showing the area that he proposes to set apart for the water conservancy, based on the reports of the Village Officer and Agricultural Officer, the R.D.O is the competent authority to demarcate the area and approve the sketch. However, in no case can the applicant unilaterally deduct ten percent from the total extent of land and apply for the remaining property as done in the present case. The application and sketch shall be with respect to the entire extent of the applied property for which conversion is sought. In light of the above analysis, the petitioner would be at liberty to submit a fresh application in Form 7 with a fresh sketch as stipulated in the above Rule, and then move this writ petition. Post when moved again.