IMPORTANT POINTS
Legal right to performance of legal duty by the party against whom the mandamus is sought and said right was subsisting on the date of the petition. The duty that may be enjoined by mandamus may be one imposed by the Constitution or a Statute or by Rules or orders having the force of law. But no mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law.

JUDGMENT :

1. The petitioner, who is stated to be the owner of 4 cents of paddy land in Re.Sy.No.143/5-1 of Nannambra Village, covered by Ext.P1 sale deed No.1376/2019 dated 12.04.2019 of the Sub Registrar Office, Tanur has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to permit him to convert the paddy land covered by Ext.P1 document for constructing a residential house. The petitioner has also sought for a writ of mandamus commanding the 5th respondent Local Level Monitoring Committee to refer Ext.P3 application dated 17.05.2019 to the 4th respondent District Level Authorised Committee with necessary recommendation to consider the same within a time limit stipulated by this Court; and a writ of mandamus commanding the 4th respondent to consider and pass orders on Ext.P3 application within a time limit stipulated by this Court, on receipt of a recommendation from the 5th respondent.

2. On 11.06.2019, when this writ petition came up for admission, the learned Government Pleader pointed out that the petitioner purchased the land in question vide Ext.P1 sale deed dated 12.04.2019, which is one executed after the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

3. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

4. The pleadings and materials on record would show that the petitioner purchased the paddy land in question, on 12.04.2019, vide Ext.P1 sale deed, much after the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder.

5. Kerala Conservation of Paddy Land and Wetland Act, 2008, was enacted to conserve the paddy land and wetland 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 defines 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.

6. Section 3 of the Act deals with prohibition of conversion or reclamation of paddy land. As per sub-section (1), on and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land, except in accordance with the provisions of this Act. As per sub-section (2), nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation.

7. As per clause (i) of sub-section (3) of Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, the Local Level Monitoring Committee shall have the power, subject to the provisions of the said Act, to recommend to the District Level Authorised Committee for the reclamation of paddy land, for construction of residential building of the owner of the paddy land. As per the provis