Procedural fairness must be maintained in administrative decisions concerning land records and data banks, reflecting the necessity for timely and informed decision-making.

JUDGMENT

The prayers in the W.P.(C).No. 13293 are as follows:-

(i) To issue a Writ of Mandamus or other appropriate Writs or Orders commanding the 3rd respondent herein to immediately consider Exhibit P4 application of the Petitioner, and to issue directions for the removal and rectification of erroneous entries from Exhibit P3 Data Bank and Revenue Record with regard to the impugned property of the petitioner, within a short period fixed by this Hon'ble Court.

(ii) To issue such other writs, orders or directions as this Honourable Court may deem fit, proper and just as to the circumstances of the case, in the interest of justice.

2. Heard Sri.P.T. Sheejish, the learned counsel appearing for the petitioners and Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for the respondents.

3. The case of the petitioners herein is to the effect that the subject property involved in this case has been converted as garden land/purayidom long prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act 2008. Further that the subject property has been shown as converted land prior to the 2008 Act in the Draft Data Bank. Aggrieved by the inclusion of properties in the Land Data Bank, the petitioners have now filed Ext.P4 application in Form No.5 before the 3rd respondent RDO seeking for exclusion of the subject properties from the Land Data Bank.

4. Having regard to the facts and circumstances of this case it is ordered in the interest of justice that the 3rd respondent RDO will take up Ext.P4 application filed in this case in Form No.5 and after following the requisite procedure and after ensuring that inspection is conducted with due prior notice to the petitioners and after ensuring that copies of the inspection reports are given to the petitioners concerned, after affording reasonable opportunity of being heard to the petitioners through their authorised representatives/counsel if any and then thereafter the 3rd respondent RDO should take a considered decision on the request of the petitioners for exclusion of the subject property from the Land Data Bank without much delay preferably within a period of three months from the date of production of a certified copy of the judgment.

Petitioners will produce certified copies of the judgment along with copies of the memorandum in W.P.(C) with all the Exhibits before the 3rd respondent RDO for necessary information and for further action.

With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

Sd/-

ALEXANDER THOMAS JUDGE DM APPENDIX PETITIONERS'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONERS DATED

27/5/20.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONERS BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE DRAFT DATA BANK ISSUED IN THE NAME OF THE PETITIONERS BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION FILED BEFORE REVENUE DIVISIONAL OFFICER ON

8/6/20.

//TRUE COPY//

PA TO JUDGE