DISTRICT COLLECTOR Vs. PATTARPALAM- EDAKKARA SHEEROLPADAKA SANGHAM

JUDGEMENT

(1.) The judgment dated 15.7.2014 passed in W.P(C). No. 22397 of 2013 is called in question in this writ appeal by the State. By the impugned judgment, the learned Single Judge set aside Ext.P11 order passed by the State Government and a direction was issued to the Agriculture Production Commissioner (the Convener of State Level Committee) to report about the factors mentioned in Sec. 8(3) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 to the Government. It is also observed that on receipt of the report of the State Level Committee, along with the recommendation of Local Level Committee, the State of Kerala shall consider the request of the petitioner, after affording it an opportunity of hearing.

(2.) The writ petitioner/respondent herein is a registered Cooperative Society engaged in the sale and distribution of milk. It applied for permission before the Revenue Divisional Officer for conversion of a land having an extent of 5.1835 cents in Re-survey No.49/1 of Thalakulathur Village, Edakkara Desom in Kozhikode District for the purpose of constructing a building for the society. The above land is coming under the Kerala Conversion of Paddy Land and Wet Land Act, 2008 ('the Act' for short). A request was made by the writ petitioner under Sec. 5(3)(i) of the Act read with Rule 5(3) of the Kerala Conversion of Paddy Land and Wetland Rules, 2008 ('the Rules' for short), before the Local Level Monitoring Committee for appropriate orders. The Local Level Monitoring Committee recommended for reclamation of the paddy land on the ground of 'public purpose'.

(3.) The Local Level Monitoring Committee observed that the ecological balance in the area will not be affected if paddy land is reclaimed. As per the provisions of the Act and the Rules, a State Level Committee is constituted for furnishing report to the Government, after detailed scrutiny of the applications recommended by the Local Level Monitoring Committee regarding filling up of the paddy land for public purpose or for construction of residential building for the owner of the paddy land.