Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, P.M.MANOJ
N.Ramachandran S/o Late P.N. Narayana Pillai – Appellant
Versus
Salim S/o Abdulkhader – Respondent
JUDGMENT :
P.M. Manoj, J.
1. The captioned appeals arise from the judgment dated 21.11.2024 in WP(C) No.20360 of 2021 and the order dated 27.03.2025 in RP No.184 of 2025 respectively.
2. The appellant is the additional 3rd respondent who is stated to be owner of the property, adjacent to the parcel of paddy land having an extent of 36.02 Ares, owned by the 1st respondent in Survey No.376/1A(1) and 376/1(A)2 of Alangad Village in Paravoor Taluk. It is the case of the appellant that, on the introduction of the KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT , 2008 (for short ’the Act’), the above mentioned property of the 1st respondent was not included in the Data Bank, though it was allegedly recommended by the Committee constituted under the Act. The appellant’s attempt to include the property in Data Bank resulted in Ext.R3(a) communication to the Agricultural Officer to include the land in Data Bank. It was also stated to be in the agenda of the Local Level Monitoring Committee (for short ’LLMC’) convened on 13.10.2014 and a decision was taken to finalise the proceedings after conducting a site inspection. However, that did not fructify.
3. In such circumstances, the appellant p
The court affirmed the necessity of following statutory procedures for data inclusion, emphasizing that the authority to manage the Data Bank lies solely with the designated Committee under the Act.
The Local Level Monitoring Committee holds exclusive authority to determine property inclusion in the data bank under the Kerala Conservation of Paddy Land and Wetland Act, prohibiting direct orders ....
The classification of land as wetland solely due to low-lying and waterlogged conditions is erroneous; only the Local Level Monitoring Committee can determine inclusion in the data bank, affirming ju....
The inclusion of property in the Data Bank without notice violates natural justice principles, affecting the owner's rights.
The classification of land as 'paddy or wetland' must be based on independent assessment and actual conditions, not solely on subordinate reports or revenue records.
The main legal point established in the judgment is that the power of review can only be exercised when provided for by the statute, and in the absence of such provision, the authority lacks jurisdic....
The competent authority must independently assess Form 5 applications related to land to ensure compliance with established legal principles.
The court establishes the requirement for comprehensive assessment before rejecting applications related to agricultural land under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
