Petitioners have approached this Court aggrieved by the order passed by the District Collector alleging that petitioners have contravened the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘Act 28 of 2008 for short) and directed the Secretary of Angadippuram Panchayat to demolish the construction made by the petitioners and ordered that expenses shall levied from the petitioners. It seems that the petitioners have constructed a building. According to the petitioners, this is for the cattle shed and the property has been reclaimed long before Act 28 of 2008. Therefore, there is no violation of Act 28 of 2008. It is apparent that the petitioners were not heard before the final orders passed in Ext.P20. 2. The learned Government Pleader on instructions would W.P.(C).No.12499 of 2014 2 submit that this property is included in draft data bank prepared under Act 28 of 2008.
3. In view of the above, the petitioner shall approach the 5th respondent, Convenor of the Local Level Monitoring Committee within four weeks from the date of receipt of a copy of this judgment. The application filed by the petitioners shall be considered by the Local Level Monitoring Committee after conducting site inspection and find out whether this property can be treated as 'nilam' as on the date of enactment of Act 28 of 2008. The decision shall be taken after affording an opportunity of hearing to the petitioner within a further period of six weeks. Till then status quo shall be maintained. If a favourable order is passed in favour of the petitioner, all further proceedings pursuant to Ext.P20 shall be dropped. However if the decision is negative, the respondents shall pass final orders after receiving objection of the petitioners against Ext.P20. Ext.P20 shall be treated as a show cause notice.
Writ petition is disposed of.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/