IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937

WP(C).No. 23503 of 2015 (K)

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PETITIONER(S):

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JOSEPH THOMAS, AGED 36 YEARS,

S/O.V.P.THOMAS, VENATTU HOUSE, THEKKEMURI,

EDATHUA P.O., ALAPPUZHA DISTRICT, HOLDER V.P.THOMAS,

S/O.CHERIYAN, VENATTU HOUSE, THEKKEMURI,

EDATHUA P.O, ALAPPUZHA DISTRICT-689 573.

BY ADVS.SRI.S.SANAL KUMAR

SRI.M.T.SURESHKUMAR

SMT.T.J.SEEMA

SMT.BHAVANA VELAYUDHAN

SMT.SMITHA PHILIPOSE

RESPONDENT(S):

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1. THE AGRICULTURAL OFFICER,

KRISHI BHAVAN,

EDATHUA & CONVENER OF THE LOCAL LEVEL

MONITORING COMMITTEE OF EDATHUA VILLAGE,

OFFICE OF THE AGRICULTURAL OFFICER, EDATHUA-689 573,

ALAPPUZHA DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER,

& CHAIRMAN OF THE DISTRICT LEVEL AUTHORIZED COMMITTEE,

ALAPPUZHA-688 001.

3. THE VILLAGE OFFICER,

EDATHUA VILLAGE, ALAPPUZHA DISTRICT-698 573.

BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

msv/

WP(C).No. 23503 of 2015 (K)

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APPENDIX

PETITIONER(S)' EXHIBITS

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P1: TRUE COPY OF THE SETTLEMENT DEED DATED 17.12.2012.

P2: TRUE COPY OF THE POWER OF ATTORNEY ISSUED BY THE PETITIONER TO HIS

FATHER,DATED 23.07.2015.

P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE

THE 1ST RESPONDENT, DATED NIL.

P4: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT

DATED 18.02.2014.

P5: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE

3RD RESPONDENT DATED 25.5.2013.

P6: TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT.

P7: TRUE COPY OF THE REPORT DATED 22.04.2013 OF THE KUZHIPPADAVU

PADASEKHARA NELLULPADAKA SAMITHI.

P8: TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 31.01.2014.

P9: TRUE COPY OF THE CERTIFICATE ISSUED BY THE EDATHUA GRAMA

PANCHAYATH DATED 31.10.2013.

P10: TRUE COPY OF THE MINUTES OF THE MEETINGS OF THE LOCAL LEVEL

MONITORING COMMITTEE,DATED 10.11.2014.

P11: TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE POWER OF ATTORNEY

HOLDER BEFORE THE 1ST RESPONDENT,DATED 22.11.2014.

P12: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE

DISTRICT COLLECTOR,DATED JANUARY, 2015.

P13; TRUE COPY OF THE PROCEEDINGS NO.C10.3862/15 DATED 07.03.2015 OF THE

DISTRICT COLLECTOR.

RESPONDENT(S)' EXHIBITS:

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NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

A.MUHAMED MUSTAQUE, J.

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W.P.(C) No.23503 of 2015

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Dated this the 17^th day of September, 2015

JUDGMENT

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.

2. 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.

3.

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 Committe, unless the Local Level

Monitoring Committee has recommended that:-