The petitioner claims to be the owner and in possession of .0213 Hectares of property comprised in Re-survey No.205/4 in block No.23 of Erimayur-II Village. The petitioner has a case that this property has been reclaimed much before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the “Act 28 of 2008”). The petitioner submits that in the neighbouring property a commercial building has been constructed and this property cannot be classified as a paddy land. The petitioner approached the Local Level Monitoring Committee with Ext.P4 application seeking a permission to construct a shopping complex.
2. I am of the view that the petitioner has a case that this property is reclaimed before the enactment of the Act 28 of W.P.(C) No.27498 of 2014 2 2008. The remedy of the petitioner is to approach the Local Level Monitoring Committee with an application to correct the entry in the draft data bank. If the petitioner makes such application within two weeks from the date of receipt of a copy of this judgment, notwithstanding Ext.P4 application, the above application shall be considered by the Local Level Monitoring Committee, after conducting local inspection of the property. If the Local Level Monitoring Committee finds that this property cannot be treated as a paddy land as on the date of enactment of the Act 28 of 2008, necessarily, this has to be corrected in accordance with such finding made by the Local Level Monitoring Committee in the draft data bank. If the Local Level Monitoring Committee conclude that the property cannot be treated as a paddy land, the petitioner shall approach the District Collector for obtaining permission under the Kerala Land Utilisation Order, 1967. The Local Level Monitoring W.P.(C) No.27498 of 2014 3 Committee shall conclude the exercise in this regard within a period of six weeks after receipt of such application.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln