MOHAMMED NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The father of the petitioner had obtained an item of land on 09.03.2004 in terms of Ext.P1 partition deed. On the death of the father, his legal representatives other than the petitioner executed Ext.P2 document on 22.2.2010, as per which they have assigned their rights and interests in respect of 3.62 Ares of land covered by Ext.P1 document which was inherited by them from the deceased father of the petitioner in favour of the petitioner. The land covered by Ext.P2 is a paddy land included in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008(the Act). With a view to put up a residential building in the said land, the petitioner preferred an application before the District Level Authorised Committee constituted under the Act seeking permission to reclaim the said land. On the said application, the petitioner has been issued Ext.P4 communication by the third respondent informing that since the Local Level Monitoring Committee constituted under the Act did not recommend the case of the petitioner, the request made by him was rejected by the District Level Authorised Committee. Aggrieved by the said decision of the District Level Authorised Committee, the petitioner preferred an appeal invoking sub-section (6) of Section 9 of the Act before the District Collector. The said appeal has now been rejected by the District Collector in terms of Ext.P7 order. Ext.P7 order is under challenge in the writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) Ext.P7 order which is impugned in the writ petition reads thus: