The decision of Kerala High Court in Mohammed Abdul Basheer C.P.v State of Kerala and another (2012(3) KLT 86) lays down the principle that the present position of the land has to be taken into consideration and on ascertaining these facts, permission can be granted for construction.

It is settled position that the applicant can choose the best land suited for construction of his house (Sunil v Killimangalam- Panjal 5th Ward Nellulpadaka Samooham 2012 (4) KLT 511). Only if there is cultivation presently then it will be considered as cultivating paddy land so as to attract the provisions of the Kerala Conservation of Paddy Land and Wetland Act and Rules.

In Jalaja Dileep v Revenue Divisional Officer (2012 (3) KLT 333) Kerala High Court observed that the description in the title deed or in revenue records will not be crucial if the property is reclaimed already.