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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V.MENON
Rebecca George W/o George – Appellant
Versus
Local Level Monitoring Committee, Rep. by its Convenor, Agricultural Officer – Respondent
JUDGMENT :
A. MUHAMED MUSTAQUE, J.
1. The appellants approached this Court challenging Ext.P4 – notice issued by the Convenor of the Local Level Monitoring Committee (LLMC), who is the agricultural officer, Krishi Bhavan, Kadamakkudy. The notice is issued to show cause why the land referred to in Ext.P4 should not be included in the data bank. The land in question is situated in Re.Sy.No.136/9-2, Old Sy.No.783/1 of Kadamakkudy Village.
2. The learned Single Judge did not interfere with the show cause notice, noting that it is only a notice, and directed the petitioners/appellants to raise their objection. Not satisfied with the direction as above, the appellants have come up with this appeal.
3. The learned counsel for the appellants points out that in the Basic Tax Register (BTR), the land is recorded as 'Purayidam' and therefore, the show cause notice is illegal, and the same was issued without jurisdiction. It is submitted that when the show cause notice itself is issued without jurisdiction, it has to be set aside.
4. When the matter came before us, on06.11.2025, we passed the following order:
“The learned Government Pleader is directed to get instructions as to whether there is any
Land cannot be included in the data bank without jurisdictional review of its classification.
Revenue Authorities possess the power to amend the Basic Tax Register based on prior survey results without requiring compliance with Section 27A of the Act.
Constitution of Local Level Monitoring Committee – Provisions of sub-section (4) of Section 5 that duty for preparation of data bank and the inclusion of lands in data bank as cultivable paddy land o....
Ownership and proper classification of land as determined by relevant findings must be reassessed when based on bureaucratic error.
The Revenue Divisional Officer must independently assess land status for removal from the Data Bank, rather than relying solely on external reports.
Power of Local Level Monitoring Committee is mainly recommendatory in nature.
Section 5 of Act 2008 reads as constitution of Local level Monitoring Committee.
Due process, including notice and hearing, must be observed in administrative decisions affecting property classifications to uphold legal rights.
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