ABDULRAHEEM S/O MOIDEENKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession of 61.01 cents of land in Thazhekkode Village of Kozhikode Taluk covered by document Nos.1217/2000, 927/2000 and 2174/2012 of Sub Registrar Office, Mukkam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Local Level Monitoring Committee (wrongly stated as the 4th respondent) to consider and pass appropriate orders on Ext.P4 application dated 14.08.2017, which is one made under sub-rule (6) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 for correction of databank. The further relief sought for in this writ petition is a writ of mandamus commanding the 5th respondent Revenue Divisional Officer to consider Ext.P5 application dated 23.05.2019 on receipt of the certificate from the 4th respondent removing the land from data-bank for change of user, within a time limit to be fixed by this Court. In the writ petition, it is averred that, the petitioner's property is lying as a converted land, as evident from Ext.P3 report of the Village Officer. However, it is not correctly described in the data-bank.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

(3.) Kerala Conservation of Paddy Land and Wetland Act, 2008 was enacted to conserve the paddy land and wet land and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala. Clause (iii) of Section 2 of the Act define the term 'conversion' to mean the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose. Clause (xii) of Section 2 defines the term 'paddy land' to mean all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals; Clause (xviii) of Section 2 defines the term 'wetland' to mean land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterised by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers;