Correctness and sustainability of Ext.P1 order passed by the District Collector under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 is under challenge in this writ petition. Petitioner is the absolute owner of 1 Acre and 36 cents of property in Sy.Nos.87/3, 87/1 and 87/5 of Thavanoor Village in Ponnani Taluk. Petitioner was served with Ext.P1 order passed by the District Collector under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 directing the petitioner to reconvert the property into paddy field. The case of the petitioner is that the Ext.P1 order has been passed in total disregard of law. Moreover, petitioner was not issued with a notice nor heard in the matter. 2. It is also submitted that an order concerning some other property owned by another person is also clubbed in Ext.P1. It is specifically stated in Ext.P1 that the properties of the petitioner are W.P(. C)No.13290 OF 2014 : 2 :
shown in the 'data bank register' prepared under the Act as non agricultural land. It is also mentioned that the conversion was done more than a decade back. In spite of all such observations, the respondent has directed the petitioner to remove the soil from the properties within seven days and reconvert the land to its original position. In such circumstances, the petitioner has approached this Court seeking for a direction to call for the records leading to Ext.P1 and quash Ext.P1.
3. Learned counsel for the petitioner has relied upon the judgment reported in 2010 (2) KLT 617 (Praveen v. Land Revenue Commissioner) wherein it is held that the application of the Act is confined to paddy land and wet land alone and as per Section 3, except in accordance with the provisions of the Act, the owner or occupier or the person in custody of any paddy land shall not undertake any activity for conversion or reclamation of such paddy land, after coming into force of the Act. It has been made clear that, if the land is not a paddy land or wet land as on the date of commencement of the Act, relief can be granted with reference to Clause 6 of the Kerala Land Utilisation Order.
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4. Heard learned Government Pleader as well.
5. After going through the pleadings and proceedings, this Court finds that the matter requires reconsideration, more so, when the petitioner was never given any opportunity of hearing before passing Ext.P1. In such circumstances, Ext.P1 is set aside and the respondent is directed to reconsider the matter afresh after affording an opportunity of hearing to the parties concerned. The proceedings shall be finalized in accordance with law, as early as possible, at any rate, within a period of two months from the date of receipt of a copy of the judgment. Petitioner shall produce a copy of the judgment before the respondent for compliance.
Accordingly, writ petition is disposed of.
jes P.R.RAMACHANDRA MENON, Judge