JUDGMENT

The case set up in the above W.P.(C.) is as follows :

That the petitioner is in absolute ownership and possession of 2.14 ares of property only, applied for construction of a house which was rejected by Ext.P4 stating that the property is included in the data bank as “nilam” which was against Sec.5(3) of the Kerala Conservation of Paddy Land and Wetland Act . Local Level Monitoring Committee has no power to reject the application and as per Sec.5(3) Local Level Monitoring has to recommend the matter to District Level Authorised Committee and as per Sec.9 District Level Authorised Committee has to consider the application.

It is in the light of these averments and contentions that the petitioner has filed the instant W.P.(C.) with the following prayers : “(a) quash Exhibit P4 order of the 1st respondent rejecting the application of the petitioner by the issue of a writ of certiorari or other appropriate writ, order or direction and declare that Local Level Monitoring Committee has no power to reject the application.

(b) direct the 1st respondent to consider Exhibit P3 application without any delay and to recommend it to the 2nd respondent for granting building permission as pe