IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6021 of 2010(C) ------------------------- PETITIONER(S): --------------- K.VIJAYAKUMAR, UTHRAM, PALEKAVU WARRIAM, KILIMANOOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM 2. THE VILLAGE OFFICER, PAZHAYAKUNNUMMEL VILLAGE, PAZHAYAKUNNUMMEL, THIRUVANANTHAPURAM 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PAZHAYAKUNNUMMEL, THIRUVANANTHAPURAM 4. THE SECRETARY, PAZHAYAKUNNUMMEL GRAMA PANCHAYATH, KILIMANOOR, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.6021 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner seeks for a direction to dispose of the application for providing facilities for the cultivation of land possessed by him, otherwise than paddy as per Ext.P2 application. It is submitted that by Exts.P1 and P3 the Agricultural Officer and Village Officer have already submitted a report showing that the land is unfit for cultivation of paddy as nearby properties are also not cultivated for more than a decade. 2. Ext.P2 is the application submitted before the Revenue Divisional Officer. Ext.P1 is the copy of the report submitted by the Agricultural Officer to the Secretary of the Grama Panchayat. Ext.P3 is the copy of the report submitted by the Village Officer to the Revenue Divisional Officer. 3. The learned Government Pleader on instructions submitted that going by Rule 5 framed under the Kerala Conservation of Paddy land and Wet land Act, an application will have to be considered by the local level monitoring committee and the application will have to be submitted before the convenor himself. There is a procedure prescribed under the W.P.(C)No.6021 of 2010 2 Rules for consideration of the application along with report of the Agricultural Officer and the Village Officer. Going by Sub Rule 2 they will have to submit the recommendation within 60 days before the District Level mandatory Committee. The District Level Mandatory Committee will have to take a decision within further period of one month. 4. It is submitted that the Revenue Divisional Officer is the Chairman of the District Level Committee. Therefore, the first respondent will take an appropriate action under Rule 5 on the application by transmitting the same to the local level monitoring committee to get their report. After getting their report, appropriate action will be taken to place the application before the District Level Committee for their decision after hearing the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj