VALASALA Vs. STATE OF KERALA

JUDGEMENT

(1.) The moot question arising for consideration in this case is whether the Local Level Monitoring Committee is required to forward the decision made under Rule 4(8) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, in an application for correction of entries in the Data Bank to the Revenue Divisional Officer for approval.

(2.) The petitioners are the absolute owners and in possession of an extent of 4.04 Ares of land comprised in Block No.123, Re. Sy. No.24/105 of Nadama Village, Kanayannoor Taluk, Ernakulam District. The said property is included as 'Nilam' in the Basic Tax Register and as 'converted dry land' in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'Act, 2008'). According to the petitioners, the said property is lying as dry land and is not suitable for any agricultural operation and there is no cultivation in the property for the past several years. However, it has been wrongly included in the Data Bank. The petitioners intend to carry out constructions in the property. Therefore, they submitted Ext.P4 application before the 5th respondent LLMC to remove the property from the Data Bank.

(3.) The Agricultural Officer, vide Ext.P5 reported that, on inspecting the subject land, the LLMC has found that the land is still remaining as 'Nilam' and as per the decision of the LLMC on 26/2/2022, entered in the Minutes Book as decision No. 113, it has been decided not to remove the property from the Data Bank. Ext. P6 is the relevant extract of the Minutes Book of the LLMC.