K.VARGHESE Vs. LOCAL LEVEL MONITORING COMMITTEE

JUDGEMENT

(1.) The issue in this writ petition is essentially classifying the petitioners' land, comprised in Sy.Nos. 361/1 and 361/5 of Maneed Village, Muvattupuzha Taluk, Ernakulam District, as a paddy land. Pursuant to Ext.P7 judgment dated 23.11.2017 of this Court in W.P.(C) No.37696 of 2017, the Local Level Monitoring Committee (LLMC) has considered the matter. Ext.P9 is the decision of the LLMC.

(2.) LLMC declined to correct the entry on the reason that the conversion of the aforesaid land might negatively affect the nearby paddy lands.

(3.) At the outset, I must say that the decision of the LLMC is legally erroneous. The question that has to be considered whether the land has been converted prior to 12.08.2008 or not. The usage of the land for other purposes would arise when such a request is made under Section 27A of the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act 28 of 2008).