KRISHNAN Vs. ERIMAYUR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners have approached this Court impugning Ext.P5 proceedings of the respondent-Erimayur Grama Panchayat, as per which, their application for a building permit to reconstruct their house-which is stated to be in a dilapidated condition on account of its old age-has been rejected stating that the property on which it is situated has been included in the Data Bank prepared under the provisions of Kerala Conservation of Paddy Land and Wetland Act (hereinafter referred to as 'the Paddy Land Act' for short) as a 'Paddy Land'.

(2.) The petitioners say that, as is clear from Ext.P4 photographs, the entire area is covered by buildings and therefore, that the inclusion of their property in the Data Bank can only be in error. They say that they have, therefore, preferred Ext.P6 application before the Local Level Monitoring Committee (LLMC), under the provisions of Section 4(6) of the Paddy Land Act, and prays that the same be directed to be taken up and disposed of at the earliest.

(3.) The learned Government Pleader- Smt.Pooja Surendran, submits that there is no legal impediment in Ext.P6 being taken up and disposed of, but contends that if the Data Bank has already been finalized, then the LLMC can only forward their recommendations along with the application of the petitioners to the Revenue Divisional Officer (RDO), since it is the said Authority who can then take a final decision in terms of Section 5(4) of the Paddy Land Act.