IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 7247 of 2010(E) ------------------------------------ PETITIONER: ------------------- AMBILY S.BABU, W/O.RAJA KRISHNAN, NALAMPATTU PARAMBIL, ATTUPURAM, PARAVOOR TALUK, PUTHENVELIKKARA VILLAGE, AYIROOR P.O., ERNAKULAM DISTRICT. BY ADV. MR.P.V.JAYACHANDRAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. THE SECRETARY, KUNNUKARA GRAMA PANCHAYATH, KUNNUKARA P.O., ERNAKULAM. *ADDL. R3. IMPLEADED: 3. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN, ERNAKULAM. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 16/03/2010 IN I.A. NO. 3863/2010. R1 & ADDL.R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7247 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T The petitioner herein is the wife of one Rajakrishnan who is working in the post of Technician in Indian Air Force since 1997. He is now residing at Coimbatore on official duty. He purchased 43 cents of land in Survey No.35/2 of Puthenvellikkara village on 16.10.2004 as per sale deed No.2279 of Chennamangalam Registry. It is the case of the petitioner that the same is a dry land. It is pointed out that the main property is having a total extent of more than 20 acres which was originally a paddy field. But, for the last 50 years no paddy cultivation is being done in that property. 2. Since the petitioner's husband is residing away, 10 cents of the property out of the total extent purchased was assigned to the petitioner for constructing a residential building for the use of the family. Later, the petitioner and her husband filed an application before the 2nd respondent for getting permission for W.P.(C) No.7247/2010 2 constructing a residential building. The petitioner had made preparations for the laying of foundation as a result of which the Village Officer issued a stop memo dated 30.10.2009. The petitioner contends that under the Land Utilization Order, there is ample power for the respondents to issue permission for construction of a residential building. 3. Along with I.A.No.3862/2010, the petitioner has produced Exhibit P4 application dated 04.01.2010 submitted before the Revenue Divisional Officer, Ernakulam for granting permission for constructing the residential house. 4. Learned Government Pleader on instructions submitted that under the Conservation of Paddy Land and Wet Land Act, 2008, Rules have been framed with regard to grant of permission wherein the properties are described as Nilam in the original revenue records. It is pointed out that under Rule 5, application has to be submitted before the Local Level Monitoring Committee through the Convenor. Thereafter, reports will have to be obtained from the Agricultural Officer as well as the Village Officer and they will have to submit the same with their W.P.(C) No.7247/2010 3 recommendation to the District Level Monitoring Committee and the District Level Monitoring Committee will take a decision within a period of one month. Revenue Divisional Officer is the Chairman of the District Level Monitoring Committee. Therefore, the petitioner will have to submit an application before the Convenor of the Local Level Monitoring Committee and if such an application is filed, appropriate action will be taken by the said authority in terms of Rule 5 as expeditiously as possible and the Revenue Divisional Officer will pass final orders after getting various reports in the matter. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Revenue Divisional Officer, Ernakulam for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp