Petitioner, aggrieved by Ext.P3 has approached this Court. The District Collector passed an order in Ext.P3 alleging that the petitioner is reclaiming the paddy land in contravention of Act 28 of 2008. Petitioner’s case is that the order is passed without hearing him. Petitioner's further case is that this is not a paddy land. This land is converted prior to the commencement of the Act 28 of 2008. It is also submitted that the District Collector has no jurisdiction to invoke the provisions of Act 28 of 2008 in passing an order in the nature of Ext.P3. By Ext.P3, petitioner was directed to restore the land to its original position with certain directions.
2. Though, petitioner has not heard before passing Ext.P3 order, I am of the view, petitioner has to approach the Local Level Monitoring Committee. If the Local Level Monitoring Committee finds that the property is not a paddy or wet land and cannot be classified as paddy or wet land as on the date of enactment of Act 28 of 2008, necessarily the Local Level Monitoring Committee shall pass appropriate orders after hearing the petitioner. If the property is not classified as paddy or wet land by the Local Level W.P(C).No.27353 of 2014 2 Monitoring Committee, Ext.P3 order has to be recalled by the District Collector. Therefore, petitioner shall approach the Local Level Monitoring Committee within one week from the date of receipt of a copy of this judgment. The Local Level Monitoring Committee shall pass appropriate orders after conducting site inspection and also notice to the petitioner within a further period of four weeks. It is made clear that if the property is found to be paddy or wet land, Ext.P3 order will continue to operate against the petitioner. Till a decision is taken by the Local Level Monitoring Committee, status quo shall be maintained. Petitioner is directed to produce this order along with the application as directed by this Court to the Convener of the Local Level Monitoring Committee (Agricultural Officer).
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/25/10/14