The petitioner approached the Local Level Monitoring Committee by Ext.P7 to correct the details in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the “Act 28 of 2008”). According to the petitioner, this property is a reclaimed land and it cannot be treated as a paddy or wet land. Therefore, Ext.P7 is filed before the Local Level Monitoring Committee. If the petitioner's case is that this property is reclaimed before the enactment of the Act 28 of 2008, the Local Level Monitoring Committee shall conduct site inspection and find out whether this property can be treated as a 'Nilam' or 'Wetland' as on the date of enactment of the Act 28 of 2008. It cannot be treated as a 'Nilam' or 'Wetland' as on the enactment W.P.(C) No.27528 of 2014 2 of the Act 28 of 2008, necessarily, correction has to be effected in the draft data bank. However, if the Local Level Monitoring Committee finds that this property has to be treated as a 'Nilam', then find out whether the petitioner has any other suitable land for constructing a residential building. If the petitioner has no other suitable land for constructing a residential building and if there is no other impediment in granting the permission for the residential building, the request of the petitioner for the purpose of constructing a residential building shall be considered in terms of the Act 28 of 2008 and forward the same to the District Level Authorized Committee for necessary action. Needful shall be done within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln