Muraleedharan Pillai vs Tahsildar

A.M. Shaffique, J.—Petitioner has approached this court complaining about the action of the respondent in interfering with the construction of a building in about 10 cents of land on the allegation that it is paddy land and covered under the provisions of the Conservation of Paddy Land and Wet Land Act, 2008. According to the petitioner Panchayat has given necessary clearance after verification by the Nilam Committee, stating that the area in question has been adjacent to properties which has been lying as garden land for the last 20 years. That apart as per Ext.P3 Grama Panchayat has given permission on the basis of Nilam Committee''s decision dated 31.10.2003. Statement is filed by the 2nd respondent inter alia stating that the property in question belonging to the petitioner is treated as paddy land in the draft notification of the Local Level Monitoring Committee. Hence the petitioner is not entitled to proceed with the construction until necessary modification is made in the data bank entry or necessary permission is obtained from the Local Level Monitoring Committee to construct the residential buildings on such terms and conditions. Having regard to these facts and circumstances of this case, I am of the view that this Writ Petition can be disposed of as under:

1) Petitioner is entitled to approach the Local Level Monitoring Committee for necessary corrections in the data bank entries in regard to the description of land and if such correction is made the petitioner is entitled to proceed with the construction or in the alternative.

2) Petitioner has to approach the Local Level Monitoring Committee for the purpose of constructing the building in the aforesaid 10 cents of land and on receipt of such request the same shall be considered and forwarded to the District Level Authorised Committee for necessary orders within a period of one month from the date of receipt of the request along with a copy of this judgment.