T.B. BHASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of 0.0202 hectares (4.991 cents) of land in Sy.No.592/3P of Nettisseri Village in Thrissur District, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to consider on merits Ext.P2 revision petition filed under Section 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for brevity 'the Act') against Ext.P1 decision dated 06.08.2018 of the 2nd respondent District Collector under sub-section (7) of Section 9, in an appeal filed under sub-section (6) of Section 9, against the decision of the District Level Authorised Committee under sub-section (5) of Section 9, on the recommendation made by the Local Level Monitoring Committee, under clause (i) of sub-section (3) of Section 5, on an application made by the petitioner for reclamation of paddy land for the construction of a residential building. The petitioner has also sought for a writ of mandamus commanding the respondents to permit him to convert the aforesaid paddy land for the purpose of constructing a residential building.

(2.) On 24.07.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

(3.) On 29.07.2019, when this writ petition came up for consideration, the learned counsel for the petitioner and also the learned Government Pleader sought time to address arguments as to the maintainability of Ext.P2 revision petition under Section 28 of the Act, in view of the provisions under sub-section (7) of Section 9.