JUDGMENT :

The petitioners are before this Court seeking to direct the 5th respondent to issue building permit on Ext.P5 application submitted by them. The petitioners further seek to declare that Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 is not applicable to the land, in the light of Ext.P3 order passed by the Tribunal.

2. The petitioners purchased 11.67 Ares of property comprised in Re-survey No.31/12, 31/14 and 32/1 of Tanalur Village, Malappuram District. The property was purchased on 05.09.2013 as per Ext.P1 sale deed. The property was purchased from one Mohammedkutti.

3. When the petitioners approached the respondents seeking Building Permit, the same was rejected as per Ext.P6 order on the ground that since the land is a paddy land falling within the ambit of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the petitioners have to obtain permission from the Revenue Divisional Officer first.

4. The learned counsel for the petitioners submitted that the land though included in the Land Data Bank, it is specifically mentioned in the Land Data Bank that the land was converted prior to 2008. Since the land is a garden land even prior to 20