IMPORTANT POINT
The main legal point established in the judgment is the coordination of jurisdiction between the LLMC and the Revenue Divisional Officer in the correction of entries or removal of land from the Data Bank, and the requirement for local inspection reports and satellite images in making decisions regarding the nature of the land.

JUDGMENT :

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 26.02.2022, 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.

4. The petitioners state that, following the decision of the LLMC, the Revenue Divisional Officer has not taken Ext.P4 application to a logical conclusion by passing further orders. Aggrieved by the inaction on the part of the Revenue Divisional Officer to proceed further on Ext.P4 application, the petitioners have filed this writ petition.

5. Heard the learned counsel for the petitioners and the learned Government Pleader for respondents.

6. Section 5(4)(i) of the Act, 2008, empowers6 the LLMC to prepare a Data Bank with the details of the cultivable paddy land and wetland within the jurisdiction of the Committee. The proviso to Section 5(4)(i) provides that any person aggrieved by the entries in the Data Bank notified and exhibited as per Section 5(4)(i), may prefer an application to the Revenue Divisional Officer concerned and the Revenue Divisional Officer shall dispose of such application within a period of three months after following such procedure, as may be prescribed, and in case the Revenue Divisional Officer finds that the land included as paddy land or wetland in the said Data Bank is not paddy land or wetland, it shall be deemed to have been removed from the Data Bank.

7. Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (hereinafter referred to as '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 in Form 5 before the Revenue Divisional Officer, who shall pass appropriate orders on the application in terms of Rules 4(4E) and 4(4F). Rule 4(6) provides that any person aggrieved by wrong entries in the Data Bank notified as per sub rule 4 of Rule 4, may file a review application before the convener of the LLMC concerned within 90 days from the date of commencement of Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017. Under Rule 4(7), the LLMC is empowered to accept applications despite any delay in filing, on sufficient reasons. Rule 4(8) provides that, on receipt of an application under Rule 4(6), the LLMC shall inspect the land concerned and prepare a report as to the nature of the land and shall arrange for satellite images to be taken before and after the date of commencement of the Act, 2008 and shall take a decision regarding the nature of the land. Wherever there is change in the nature of