2025:KER:29792 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 37897 OF 2016 PETITIONER: FAUSIYA AGED 34 YEARS, W/O.AZIZ, KALARIPARAMBIL HOUSE, THRISSUR. BY ADVS. SMT.P.R.REENA SMT.SURYA BINOY RESPONDENTS: 1 DISTRICT COLLECTOR COLLECTORATE, AYYANTHOL, THRISSUR, PIN 680 003. 2 DISTRICT LEVEL MONITORING COMMITTEE THRISSUR, PIN 680 003. 3 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, ERUMAPPETTI, THRISSUR DISTRICT, PIN 680 584. 4 AGRICULTURAL OFFICER, ERUMAPPETTI, THRISSUR DISTRICT, PIN 680 584. 5 VILLAGE OFFICER, NELLUVAI, THALAPPILLY TALUK, THRISSUR, PIN 680 584. SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.37897 of 2016 2 2025:KER:29792 P.M. MANOJ, J ------------------------------ W.P.(C) No.37897 of 2016 -------------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The writ petition is preferred challenging Ext.P4 order, whereby the application under Form No.9 was rejected on the ground that the conversion of the said paddy land having an extent of five cents would affect the water flow and the paddy cultivation around the said property. 2. It is the case of the petitioner that she and her husband are the owners in possession of five cents of land in Survey Nos.93/3P and 91/P in Nelluvai Village, Thalappilly Taluk. For the purpose of constructing a residential house, they had purchased ten cents of land in the year 2009. In the year 2014, the petitioner preferred an application for permission to construct a residential house on the property, however, it was rejected by the 2nd respondent without application of mind. 3. It is further contended that the petitioner or her husband owns no other residential house or land in the same W.P.(C) No.37897 of 2016 3 2025:KER:29792 village or district. Even thereafter, they approached the 3rd respondent-Local Level Monitoring Committee under Rule 5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short ‘the Rules’), however, that was also rejected as the similar ground, that any conversion of paddy land will affect the surrounding paddy cultivation. 4. In response to that the learned Government Pleader submitted that the issue involved in this case is covered by the decision of the Full Bench in Sabeena v. District Collector [2022 (2) KLT 551 FB]. It is also submitted by the learned Government Pleader, on instructions, that the petitioner owns another five cents of property in Nelluvai Village in the same district. 5. Under such circumstances, it appears that the application under Form No.9 cannot be considered. However, on considering the contentions, I deem it appropriate that if the petitioner is looking for a property to construct a residential building, the petitioner can approach appropriate authority for that purpose. Ext.P4 order will not stand in the way of the authorities to consider the application preferred under Rule 5 of the Rules before the authorised officer for changing the tenure of land as the petitioner is desirous to construct residential building. The W.P.(C) No.37897 of 2016 4 2025:KER:29792 authorised officer shall consider the claim in accordance with law. On considering the application on merits the authorised officer under Section 2(XVA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, shall pass appropriate orders after affording an opportunity to the petitioner and after obtaining the report from the Agricultural Officer within a period of four months from the date of receipt of the application. The writ petition is disposed of as above. Sd/- P.M.MANOJ JUDGE sss W.P.(C) No.37897 of 2016 5 2025:KER:29792 APPENDIX OF WP(C) 37897/2016 PETITIONER EXHIBITS EXT.P1 TRUE COPY OF DEED OF CONVEYANCE NUMBERED AS 2466 OF 2009 DATED 08.12.2009. EXT.P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 10.04.2015 WITH ENCLOSURES. EXT.P3 TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN OF THE DISTRICT LEVEL MONITORING COMMITTEE DATED 28.10.2015. EXT.P4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04.08.2016.