IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 6457 of 2009(B) ------------------------------- PETITIONER(S): ------------------ T.R.JAYAN, S/O.RAMAN NAIR, THACHUKANDATHIL, RAMAPURAM BAZAR P.O., RAMAPURAM VILLAGE, MEENACHIL TALUK, DISTRICT IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): ------------------- 1. THE REVENUE DIVISIONAL OFFICER (RDO) PALA. 2. THE TAHSILDAR, MEENACHIL TALUK, KOTTAYAM. 3. RAMAPURAM GRAMA PANCHAYATH & THE COMMITTEE UNDER KERALA CONSERVATION OF PADDY LAND & WET LAND ACT 2008, REPRESENTED BY THE SECRETARY, RAMAPURAM BAZAR P.O., DIST. KOTTAYAM. 4. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVT. (R.A) DEPARTMENT, THIRUVANANTHAPURAM. 5. THE KOTTAYAM DISTRICT LEVEL AUTHORISED COMMITTEE CONSTITUTED UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT,2008 REPRESENTED BY THE R.D.O. PALA, KOTTAYAM. ADV. SRI.JOSE THOMAS (PALA) FOR R3 SRI.VIJU THOMAS SMT.M.MEENA JOHN GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 6457 OF 2009 (B) ===================== Dated this the 2nd day of April, 2009 J U D G M E N T Petitioner submits that he is the owner of the land covered by Ext.P1. Although according to the petitioner, the land is a fully developed garden land, in the revenue records, it is shown as 'Nilam'. It is stated that he wanted to construct a building and he applied under the Kerala Land Utilization Order, which is rejected as per Ext.P8. It is stated that thereafter he made an application under the Kerala Conservation of Paddy Land and Wet Land Act 2008, which according to the petitioner has been returned by Ext.P9, directing him to produce the order passed by the Revenue Divisional Officer. It is in these circumstances the writ petition is filed. 2. Prima facie, it is seen that this is a case where the Kerala Conservation of Paddy Land Wet Land Act is applicable. If that be so, the procedure that is laid down in Section 5 has to be complied with. Panchayat submits that the Committee is in place and that it is for that Committee constituted by the Panchayat to consider the matter and to make recommendation to the District WPC 6457/09 :2 : Level Committee for their final decision. 3. In view of the above, it is directed that it will be open to the petitioner to make an application to the Committee constituted as per Section 5(3)(1) of the Act. It is directed that if an application is received as above, the Committee shall consider the application in the light of the aforesaid provision and forward the application of the petitioner to the District Level Committee for its eventual decision under Section 9(1). Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp