(1.) The prayers in this Writ Petition (Civil) are as follows:
(2.) Heard Smt.K.P.Santhi, learned counsel appearing for the petitioner and Sri.K.J.Manu Raj, learned Government Pleader appearing for respondents 1, 2 & 4. In the nature of the orders proposed to be passed in this Writ Petition, notice to contesting respondent No.3 Marady Grama Panchayat will stand dispensed with.
(3.) The specific case of the petitioner is that the subject property owned and possessed by the petitioner has been converted as garden land, long prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. But that the data bank prepared under the said Act has wrongly included the petitioner's land therein and the petitioner has submitted Ext.P-1 application dated 26.11.2017 under Rule 4(6) of the Kerala Paddy Land and Wet Land Rules, 2008 before the 4 th respondent Local Level Monitoring Committee requesting that the subject property of the petitioner be deleted from the data bank. According to the petitioner, without conducting any inspection and without ascertaining the correct tax, the 4 th respondent Local Level Monitoring Committee has rejected Ext.P-1 application as per Ext.P-5 proceedings dated 31.10.2018 arbitrarily and illegally. With that the petitioner has challenged the legality of the said rejection by filing W.P(C)No.36770/2018 before this Court, in which this Court has rendered Ext.P-6 judgment dated 07.12.2018 disposing of the W.P(C), whereby this Court has quashed the said rejection order and had remitted Ext.P-1 application to the respondent-Local Level Monitoring Committee, for consideration and decision afresh and after hearing the petitioner, etc. However, the 4 th respondent Local Level Monitoring Committee did not take any timely action to reconsider the plea of the petitioner, so as to pass orders on Ext.P-1 application, in respect of the prayer of the petitioner to delete the subject property from the data bank. Since the petitioner was constrained to initiate the construction process, he had submitted application for grant of building permit before the 3 rd respondent- Marady Grama Panchayath praying for permission for issuance of the building permit to construct a residential building in the subject property. The said plea of the petitioner was rejected by the 3 rd respondent-Grama Panchayath. Thereupon the petitioner was again constrained to approach this Court by filing W.P(C)No.20111/2019 before this Court, in which this Court had rendered Ext.P-9 judgment dated 14.11.2019 disposing of W.P(C)No.20111/2019, whereby this Court was again constrained to direct the respondent-Local Level Monitoring Committee to pass orders on Ext.P-1 application herein, as already ordered by this Court in Ext.P-6 judgment and after securing orders from the 4 th respondent-Local Level Monitoring Committee in the matter of deletion of the subject property from the data bank. Tthe petitioner was given liberty to approach the respondent-Marady Grama Panchayath for issuance of building permit to construct residential building in the subject property, etc.