The petitioner is the owner of 0.9550 cents of land in Re-survey No.6/3 of Angadipuram Village in Perinthalmanna Taluk. The petitioner submitted Ext.P2 application before the Local Level Monitoring Committee for obtaining permission to construct a residential building. The Local Level Monitoring Committee by Ext.P3 recommended the request of the petitioner. Thereafter, the District Level Monitoring Committee rejected the application stating that this will affect adjoining paddy land and the Agricultural Officer and the Village Officer are dissented on the proposal of construction of a residential building by the petitioner. The petitioner thereafter approached the District Collector in appeal. The District Collector obtained the report from the Secretary, Angadipuram Grama Panchayat. Ext.P5 is the report. Ext.P5 report also indicates that this property is remained uncultivated without any paddy being cultivated for the last twenty years. It is also reported that adjacent properties are uncultivated land and there is no scope for any cultivation. It is recommended that after providing necessary arrangements for drainage, permission for reclamation can be granted. Based on the above report, it seems the District Collector passed order in appeal by remanding the matter to the Local Level Monitoring Committee to reconsider the matter. Ext.P6 is the order. It is challenging the above order the petitioner has approached this Court. The petitioner also relies on Ext.P7 order granting permission to the neighbouring owner in respect of the land situated in Re-survey No.6/3 of Angadipuram Village. It is to be noted that the petitioner's property is also situated in the very same survey number. In Ext.P7 order certain conditions in appeal were imposed for granting permission to the applicant therein. Considering Ext.P3 recommendation of the Local Level Monitoring Committee and Ext.P5 report of the Secretary, Angadipuram Grama Panchayat, I am of the view, it is a fit case where a permission can be granted to the petitioner to reclaim the land for constructing a residential house. There was no further scope for any remand by the appellate authority to the Local Level Monitoring Committee. This will only result in a multiplicity of proceeding and delay in reclamation for the purpose of construction of residential building. I do not find any purpose will be served by remanding the matter to the Local Level Monitoring Committee especially when the District Collector has accepted Ext.P5 report of the Secretary, Angadipuram Grama Panchayat for the purpose of remanding. Therefore, based on the facts and materials before this Court, there shall be an order to grant permission to the petitioner to reclaim the land as sought in Ext.P2. However, this will be subject to the terms and conditions as prescribed in Ext.P7 by the District Collector. Therefore, there shall be a direction to the second respondent to grant permission to the petitioner by imposing conditions in Ext.P7 within a period of four weeks. The petitioner shall produce a copy of the writ petition along with the judgment for compliance.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
Kvs/-
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