Petitioner is the owner in possession of 10 cents of land in survey No.46/1 of Vaniamkulam I village in Palakkad District. He submitted Ext.P7 application for construction a non-residential building thereon. The first respondent as per Ext.P8 intimated the petitioner that Ext.P7 application received from the petitioner was forwarded for consideration by the Local Level Monitoring Committee constituted under the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008 (for short the 'Act'). It is also stated therein that permission to construct shop room could not be granted. It is on being aggrieved by Ext.P8 that this writ petition has been filed.
2. I have heard the learned counsel for the petitioner, the learned standing counsel appearing for the first respondent and the learned Government Pleader. The learned standing counsel submitted that Ext.P7 application received from the petitioner was forwarded to the Local Level Monitoring Committee for considering the question whether permit could be granted to the petitioner for effecting construction in the aforesaid property. The learned counsel for the petitioner submitted that Ext.P4 would reveal that the land in question was already converted. The learned standing counsel submitted that though the said fact is evident from Ext.P4, it is not discernible from Ext.P4 as to when the land in question was reclaimed. It is further stated by the learned standing counsel that a perusal of Ext.P4 would reveal that in respect of certain other properties included in Ext.P4, the approximate period of conversion is also specifically noted thereunder and at the same time, there is conspicuous absence of any such entry regarding the property in question as against column No.157. Therefore, the question as to whether the land in question was converted after the coming into force of the Act or prior to its commencement is yet to be gone into and it was in such circumstances that Ext.P7 application was forwarded to the Local Level Monitoring Committee. It is also stated that despite placing of the application before the Local Level Monitoring Committee, no decision was taken so far. In such circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the second respondent to place Ext.P7 application submitted by the petitioner for building permit before the Local level Monitoring Committee constituted under the Act. This shall be done expeditiously and in accordance with law, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. On receiving the said application, the Local level Monitoring Committee shall consider the same and pass appropriate orders thereon after following the prescribed procedures expeditiously and in accordance with law, at any rate, within a period of six weeks thereafter.
Sd/-
C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010