Petitioner approached this Court aggrieved by Exts.P1 and P2. Ext.P1 is the order passed by the District Collector under Sec.13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 directing petitioner to restore the land referred therein to its original nature. Ext.P2 is the order issued by the Village Officer prohibiting reclamation of the land in violation of Act 28 of 2008. According to the petitioner, this is a dry land and converted before Act 28 of 2008 and this property cannot be treated as paddy or wet land in terms of Act 28 of 2008. Therefore the order passed by the District Collector in Ext.P1 is unsustainable. 2. Learned Government Pleader on instruction submits that certain portion of the property has been reclaimed. However, in draft data bank it is classified as paddy land.
2. I am of the view, petitioner shall approach the Local Level Monitoring Committee. The Local Level Monitoring Committee shall find out what extent of the property has been reclaimed before the Act 28 of 2008 and also to find out what is W.P(C).No.28004 of 2014A 2 the status of the property as on the date of enactment of Act 28 of 2008. An inspection shall be conducted in the presence of the petitioner to find out nature of the property. If it is found that the property cannot be classified as paddy land or wet land as on the date of enactment of Act 28 of 2008, necessarily appropriate correction shall be made in the draft data bank by the Local Level Monitoring Committee. Once the entry is corrected, petitioner shall approach the District Collector, Kollam under clause (6) of the Kerala Land Utilization Order to utilize the land for other purposes within a period of two weeks. A decision shall be rendered by the Local Level Monitoring Committee within a period of six weeks. The order passed in Ext.P1 would be depend upon the decision of the Local Level Monitoring Committee.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/04/12/14