The petitioner claims to be the owner and in possession of the landed property comprised in Survey No.469/4 of Kunnukara Village in Ernakulam District. The petitioner approached the local authority for constructing a shopping complex. This was rejected as per Ext.P3 by the local authorities stating that the property is ‘Nilam’ as per the revenue records. The petitioner has a case that this property cannot be classified as ‘Nilam’ or ‘Wetland’ in terms of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the “Act 28 of 2008). Therefore, the petitioner approached the Local Level Monitoring Committee by filing Ext.P5 to remove the classification of the land as wetland in the draft data bank. The petitioner submits that this W.P.(C) No.27404 of 2014 2 property was reclaimed before the enactment of the Act 28 of 2008 and by appearance, it can only be treated as dry land. The petitioner also relies on Ext.P4.
Considering the fact that Ext.P5 is pending before the 5th respondent, there shall be a direction to the 5th respondent to consider Ext.P5. The Local Level Monitoring Committee shall conduct site inspection after affording an opportunity of hearing to the petitioner and find out whether this property can be treated as wetland or paddy land as on the date of the enactment of the Act 28 of 2008. Necessarily, the order shall be passed within a further period of six weeks from the date of receipt of a copy of this judgment. Ext.P4 shall also be adverted.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln