Petitioner is the owner of 5 cents of land in Re-Survey No.201/11-1 in Block No.8 of Adoor Village, Adoor Taluk in Pathanamthitta district. Petitioner has approached the Local Level Monitoring Committee for construction of a building under Sec.5 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Local Level Monitoring Committee by Ext.P4 rejected the application of the petitioner for construction of a residential building. It is seen that Ext.P4 has been affirmed by the District Level Authorising Committee. Ext.P5 is the order passed by the District Level Authorising Committee. Petitioner has approached this Court challenging Exts.P4 and P5.
2. Learned Government Pleader submits that petitioner's property is situated in the midst of paddy land and no permission can be granted for constructing a residential building. Learned Government Pleader also points out that the petitioner has a statutory remedy by way of appeal before the District Collector.
3. I have gone through Exts.P4 and P5. The reasons stated in Exts.P4 and P5 is that if the petitioner is allowed to reclaim the W.P(C).No.24251 of 2014 F 2 land, it may adversely affect the surrounding land. The need of the petitioner's is not doubted. Question is regarding the surrounding area which may adversely affect on account of reclamation. This is essentially a question of fact to be decided with reference to certain factors. Therefore, I am of the view the petitioner shall approach the District Collector within two weeks from the date of receipt of a copy of this judgment. The District Collector shall call for a report from the Principal Agricultural Officer and find out whether any measures can be taken to protect the surrounding area in the event of reclamation of land for the purpose of constructing residential building. If there is any such suggestive measures that can be followed while constructing a residential building, the District Collector shall ascertain such measures from the Principal Agricultural Officer. Exercise shall be completed by the District Collector within two months from the date of filing such application by the petitioner.
With the above direction, the Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
W.P(C).No.24251 of 2014 F 3 Sbna/27/10/14