YOUSUF CHALIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred against the judgment of the learned single Judge, by which, the prayer for consideration of an application preferred before the Local Level Monitoring Committee for conversion of land for the construction of a residential building was declined.

(2.) Heard the learned counsel for the appellant and the learned Government Pleader.

(3.) It is submitted by the learned counsel for the appellant that the appellant had purchased 4 cents of property, which was paddy land, and had submitted an application for conversion of the same for the purpose of construction of a residential building therein. It is submitted that, on the ground that the purchase by Ext. P1 sale deed was on 12.04.2019 and that the land forms part of large of extent of paddy land even going by Ext. P1 sale deed, the learned single Judge found that the direction as sought for, for consideration of the application could not be granted. It is submitted that the petitioner had earlier purchased another part of land in the middle of the paddy field in question and that he had, thereafter, exchanged the same with the property which is not situated in the middle of the paddy land. It is submitted that the only prayer raised in the Writ Petition was for consideration of Ext. P3 application in accordance with law. It is submitted that non-suiting of the petitioner by this Court was not justified since Section 9 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [hereinafter referred to as the 'Act'] specifically permitted submission of such an application and consideration thereof.