Dry Land Cannot Be Treated as Paddy Land Under the Paddy and Wetland Act Without Following Due Procedures

Posted inKerala Paddy and Wetland Act 2008No Comments
The Division Bench of the Kerala High Court in Rebecca George W/o George vs Local Level Monitoring Committee (2025:KER:93926) firmly restricts the powers of the Local Level Monitoring Committee (LLMC) from arbitrarily including "Purayidam" (dry land/garden land) in the Data Bank as paddy land or wetland, while reaffirming the constitutional right to property under Article 300A of the Constitution of India, read with the Kerala Conservation of Paddy Land and Wetland Act, 2008.

A Child Born Within Four Months of Marriage Would be the Legitimate Child of the Mother’s Husband

Posted inIndian Evidence ActNo Comments
Even when the birth occurs within four months of the marriage, Section 112 of the Indian Evidence Act, 1872 raises a conclusive presumption as to the legitimacy of the child, unless it is proved that the parties to the marriage had no access to each other at any time when the child could have been conceived. The Kerala High Court observed this in Sujatha Krishnan vs Radha Mohandas [2025: KER:97956].

A Property That Lies Fallow or Gets Waterlogged Seasonally Cannot Come Under the Definition of Paddy Land or Wetland

Posted inKerala Paddy and Wetland Act 2008
Merely because a property is lying fallow, it cannot be termed as wetland or paddy land in contemplation of the Kerala Conservation of Paddy Land and Wetland Act, 2008, observed the Kerala High Court in Mather Nagar Residents Association and Another v. District Collector, Ernakulam and Others [2020 (2) KLT 192].

Law Relating to Conversion of Paddy or Wetland in Kerala

Posted inKerala Paddy and Wetland Act 2008
The owner or the person in custody of any paddy land or wet land in Kerala shall not have any power to convert or reclaim such lands, since the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008 Act) on 12th August 2008 and the allied rules enacted in 2008. The removal of sand from wetland is also prohibited by the 2008 Act. However, there are two exceptions to this general rule. One is that the owner of the land can seek permission to convert paddy land and construct a residence, and the other is conversion of land for public purposes.