The petitioner has filed this writ petition basically challenging

the action of the Local Level Monitoring Committee, Neriamangalam,

respondent No.5, including the property of the petitioner measuring

118 cents situated in Survey Nos. 750/2A and 750/2B of the

Neriamangalam Village in the data bank constituted as per the

provisions of the Kerala Conservation of Paddy Land and Wetland Act,

2008 ('Act, 2008' for short).

2. The case projected by the petitioner is that the property was

converted much prior to the introduction of the Act, 2008 and it is

remaining as a dry land with lot of other agricultural plants and trees

and therefore, the inclusion is illegal and arbitrary. It is an admitted

fact that the property is included in the data bank. The properties

included in the data bank wrongly are governed by Section 5 of the

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Act, 2008 and on and with effect from 30.12.2017, the Revenue

Divisional Officer concerned is vested with powers to remove the same

from the data bank on receiving application from the aggrieved

persons, taking into account the parameters provided in the Act, 2008.

3. Moreover, in order to implement the provisions of the Act,

2008, the State Government has introduced the Kerala Conservation

of Paddy Land and Wetland Rules, 2008. Rule 4 governs the issues

raised in this writ petition, and it reads thus:

“4. Preparation of Data Bank-(1) Committee shall prepare a

data bank containing details including survey Number and Area of

the existing paddy land and wetland suitable for cultivation in the

locality wherein each Committee has jurisdiction, within three

months from the date of commencement of this Rule.

(2)

While preparing details of existing paddy land and

wetland suitable for cultivation in the locality as per sub-rule(1), the

procedure prescribed hereunder shall be complied with, That is:- (a)

Village Officer concerned shall submit details of land, recorded as

paddy land suitable for cultivation as per existing revenue records of

the locality wherein the Committee has jurisdiction, to the

Agricultural Officer concerned and accordingly, Agricultural officer,

after inspecting whether this land is now suitable for cultivating

paddy by inspecting each area, and the Village Officer by conducting

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inspection of the land on the basis of revenue records regarding wet

lands, shall ascertain and based on the information gathered after

conducting such inspection, Agricultural Officer and Village Officer

shall together prepare and submit a draft data bank of paddy lands

and wet lands to the Committee for consideration.

(b) The Committee shall examine the draft data bank obtained as

per clause (a) and shall make reasonable corrections if necessary. The

committee shall finalise and approve the said data bank of paddy

lands and wet lands within the jurisdiction of the committee after

examining with the help of map prepared by National remote sensing

Agency or State land Conservation Board or Centre for Economic and

Social Studies (CESS) or Information Kerala Mission or any other

Central / State Institute of Science and technology based on satellite

pictures.

However, while preparing Draft data bank prepared as per this

sub rule, the latest data bank prepared based on the satellite pictures

shall be adopted.

[(3)] If any technical assistance is required for preparing data

bank as per Rule (2)(a), Agricultural Officer or Village Officer may

seek the help of District Collector for necessary assistance and the

Collector shall provide necessary assistance, if so requisitioned.

[(4) The committee shall send data bank in Form-4 containing

survey numbers and area of paddy lands and wet land adopted as per

Clause (b) of Sub rule (2), to the Secretary of the local bodies

concerned and the Secretary shall publish the same as a notification.

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Whereas, in the case of Panchayath/Muncipality/ Corporations

having more than one Krishi Bhavan, each Krishi Bhavan shall

p