A. Muhamed Mustaque, J.

The petitioner approached the Local Level Monitoring Committee for the purpose of reclamation of ten cents of paddy land for putting up a residential building for him and his family. The petitioner's family consists of him and his wife and children. The Local Level Monitoring Committee considered the petitioner's application and not recommended for the reason that the petitioner's father owns a suitable land for the purpose of constructing the residential building.

2. It is appropriate to refer Section 9(8) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 for the purpose of considering this issue, which reads as follows:

(8) Notwithstanding anything contained in sub-section (1), no application shall be considered by the District Level Authorised Committee, unless the Local Level Monitoring Committee has recommended that:

i. such reclamation shall not adversely affect the ecological condition and the cultivation in the adjoining paddy land;

ii. the owner of the paddy land or his family do not own a suitable land for this purpose in that District;

iii. the building to be constructed is for his own purpose; and

iv. such paddy land is not situa