LAWS(KER)-2024-2-163

ROY M MATHEW Vs. AGRICULTURAL OFFICER

Decided On February 15, 2024
Roy M Mathew Appellant
V/S
AGRICULTURAL OFFICER Respondents

JUDGEMENT

(1.) The property of the petitioner is included in the Data Bank published under the provisions of clause (i) of sub-sec. (4) of Sec. 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [for brevity, 'the Act, 2008']. The petitioner has filed Ext.P2 application in Form 5 under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 [for brevity, 'the Rules, 2008'] before the 2nd respondent, the Revenue Divisional Officer (RDO) to remove the said property from the Data Bank. Since there was delay in considering the said application, he filed WP(C) No.38214 of 2023 seeking direction to the RDO to consider and pass orders on Ext. P2. This Court, by Ext.P3 judgment dtd. 17/11/2023, disposed of the said writ petition directing the

(2.) nd respondent to consider and pass orders on Ext. P2 Form 5 application in accordance with law, within a period of five months from the date of receipt of a copy of the judgment. The petitioner states that, pursuant to Ext. P2 application, the RDO called for a report from the Local Level Monitoring Committee (LLMC). According to the petitioner, he came to know that there are divergent views among the members of the Committee, and therefore, a report from the Kerala State Remote Sensing and Environment Centre [for short, 'the KSRSEC'] has to be called for before disposing of Ext. P2 application to ascertain the exact nature of the land. Accordingly, this writ petition is filed for a direction to the Agricultural Officer and the RDO to call for report of the KSRSEC to ascertain the true nature of the subject land before passing orders on Ext. P2. 2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for KSRSEC.

(3.) Rule 4 of the Rules, 2008 deals with preparation of Data Bank. Rule 4(4d) provides that, if any person is aggrieved by inclusion of property in the Data Bank, he can submit an application under Form 5 before the RDO. Under Rule 4(6), he can also approach the LLMC to make changes in the Data Bank. Thus, under Rules, 2008, a person who is aggrieved by an entry in the Data Bank can either approach the RDO or the LLMC for appropriate correction or for removal of his land from the Data Bank.