Kerala High Court
The State Of Kerala vs Leela on 25 March, 2026
Author: C.S. Dias
Bench: C.S.Dias
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
RP NO. 1 OF 2026
AGAINST THE JUDGMENT DATED 06.08.2025 IN WP(C) NO.453 OF
2025 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, K.B. JACOB
ROAD FORT KOCHI, HEAD POST OFFICE, KOCHI, ERNAKULAM,
PIN - 682001
3 THE VILLAGE OFFICER
EDAPPALLY NORTH VILLAGE OFFICE, PONEKKARA RD,
PONEKKARA EDAPPALLY NORTH BRANCH POST OFFICE, KOCHI,
ERNAKULAM, PIN - 682024
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VYTLA, KOCHI CORPORATION VYTLA
SHOPPING COMPLEX, SA ROAD AND MAHAKAVI VAILOPPILLI
ROAD, VYTLA POST OFFICE, KOCHI, ERNAKULAM - 682 019
BY SMT.VIDYA KURIAKOSE, SR. GOVERNMENT PLEADER
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RESPONDENTS/PETITIONERS & 5TH RESPONDENT:
1 LEELA
AGED 78 YEARS
W/O. LATE DAMODARAN PILLAI, LAKSHMI VILASAM, JAWAN
CROSS ROAD, PONEKKARA, AIMS POST OFFICE, ERNAKULAM,
PIN - 682041
2 REKHA
AGED 52 YEARS
D/O. LATE DAMODARAN PILLAI, THUMMARUKUDY HOUSE,
VALAYANCHIRANGARA POST OFFICE, PERUMBAVOOR,
ERNAKULAM, PIN - 683550
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY CHAIRMAN AND MAYOR OF KOCHI MUNICIPAL
CORPORATION, KOCHI MUNICIPAL HEAD OFFICE,PARK AVE
ROAD,MARINE DRIVE,ERNAKULAM HEAD POST OFFICE, PIN -
682011
BY ADVS.
SHRI.SHIBIN K.F.
SHRI.JOHN T. SEBASTIAN
SHRI.MATHEWS K. CHERIAN
SMT.SAFEELA NASRIN
SMT.RENJITHA B.
THIS REVIEW PETITION HAVING COME UP FOR FINAL HEARING ON
25.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S. DIAS, J.
====================
R.P No. 01 of 2026
in
W.P(C). No.453 of 2025
-----------------------------------
Dated this the 25th day of March, 2026
ORDER
The State of Kerala and its Officers have filed this
review petition on the ground that there is an error
apparent on the face of the judgment because this Court
has directed the property belonging to the respondents 1
and 2 to be excluded from the data bank without them
submitting an application in Form-5 as contemplated
under the Kerala Conservation of Paddy Land and Wetland
Act, 2008 and the Rules framed thereunder (‘Act’ and
‘Rules”, for brevity). The review petitioners were
respondents 1 to 4 in the writ petition; respondents 1 and
2 were the writ petitioners; and the 3rd respondent was the
5th respondent. For convenience, the parties are referred
to by their litigating status in the review petition.
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2. The respondents 1 and 2 had filed the writ
petition, inter alia, to declare that 16.38 Ares of land
belonging to them, comprised in Block No.207 in Re-
Survey No.20 in Edappally North Village in Kanayannur
Taluk, Ernakulam District, had been erroneously included
in the data bank, though it is classified as the ‘converted
land’. By the impugned judgment, this Court directed the
2nd review petitioner (‘Authorised Officer’, for short) to
exclude the property from the data bank property and the
3rd respondent-Local Level Monitoring Committee (‘LLMC’,
for brevity) to publish an erratum notification in the above
regard. However, the respondents 1 and 2 have not
submitted an application in Form 5, which is a condition
precedent under Rule 4(4d) for the Authorised Officer to
exclude a property from the data bank. Therefore, there is
an error apparent on the face of the judgment. Hence, the
judgment may be reviewed.
3. The respondents 1 and 2 have filed a counter-
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affidavit, inter alia, refuting the allegations in the review
petition. They contend that, in Line Properties Pvt. Ltd
v. the Revenue Divisional Officer, Ernakulam [2025 (2)
KLT 348] and Anu Mathew v. Revenue Divisional
Officer [2022 KHC OnLine 5586], this Court has held that
an erroneous entry in the data bank has to be removed
without any enquiry. The principles laid down in the above
decisions apply on all fours to the facts of the present
case. The contention that the authorised officer is not
empowered to exclude a property from the data bank
without submitting an application in Form 5 is incorrect. It
is well settled that a statutory authority has the inherent
and suo motu power to correct its own mistake, even
without a statutory provision. Furthermore, after the writ
petition was initially dismissed, the judgment was
reviewed by order in R.P.No.320/2025. Then, the
respondents 1 and 2 submitted an application (Ext. R1(c))
in Form 5 before the Authorised Officer on 13.01.2025.
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The review petition is meritless and, therefore, may be
dismissed.
4. Heard; Smt. Vidya Kuriakose, the learned
Senior Government Pleader and Sri. Shibin K.F, the
learned counsel appearing for the respondents 1 and 2.
5. The learned Senior Government Pleader draws
the attention of this Court to Section 5(4) of the Act and
Rule 4(4d) of the Rules and submits that an Authorised
Officer is empowered to exclude a property from the data
bank only on receipt of an application. She places reliance
on the decision of the Hon’ble Supreme Court in Arun
Kumar and Others v. Union of India and Others (2006
KHC 1319) and contends that a “jurisdictional fact” is a
fact which must exist before a Court/Tribunal/Authority,
for it to assume jurisdiction. The existence of a
jurisdictional fact is sine qua non for the exercise of power
by an authority of limited jurisdiction, which principle was
not considered in Line Properties Pvt. Ltd case (supra).
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Moreover, in Line Properties Pvt. Ltd (supra), the
applicant had submitted a Form 5 application. She also
places reliance on the decision of this Court in Valsala
V.M. v. State of Kerala (2024 (3) KHC 85) to substantiate
her contention that a property can be excluded from the
data bank by the Authorised Officer or the data bank can
be corrected by the LLMC only on an application. She
argues that this Court has directed the Authorised Officer
to exclude the property from the data bank without the
respondents 1 and 2 submitting an application in Form 5,
which is an error apparent on the face of the record,
warranting the review of the judgment. She also places
reliance on Government Order No.4592/2017/Revenue
dated 31.10.2017, which lays down the procedure to be
followed by the LLMC to exclude a property from the data
bank. She submits that the review petition may be allowed
and the impugned judgment may be set aside.
6. The learned counsel for the respondents 1 and
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2 submits that, going by the scheme of the Act and Rules,
the Authorised Officer and the LLMC have concurrent
jurisdiction in view of the sub-rules (4f) and (6) to (8) of
Rule 4 and the law laid down in Valsala V.M.‘s case
(supra). Nevertheless, he submits that the respondents 1
and 2 have already submitted Ext.R1(c) application in
Form 5 to the Authorised Officer on 13.01.2025. Hence,
the respondents 1 and 2 would be satisfied if this Court
directs the Authorised Officer to consider the application
expeditiously.
7. In the context of the above rival submissions, it
is relevant to refer to Section 5 (4) of the Act, which reads
thus:
Section 5- Constitution of Local Level Monitoring
Committee
*** *** ***
(4) The Committee shall perform the following functions, namely:-
(i) to prepare the data-bank with the details of the
cultivable paddy land and wetland, within the area of jurisdiction
of the Committee, with the help of the map prepared or to be
prepared by the State Land Use Board or Centre-State Science
and Technology Institutions on the basis of satellite pictures by
incorporating the survey numbers and extent in the data-bank and
get it notified by the concerned Panchayat/Municipality/
Corporation, in such manner as may be prescribed, and exhibit
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9the same for the information of the public, in the respective
Panchayat/Municipality/Corporation Office and in the Village
Office/Offices;
Provided that any person aggrieved by the entries in
the data bank so exhibited, 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.
(ii) to make alternate arrangements under Section 16
where a paddy land is left fallow without taking steps in spite of
the instructions given by the Committee under item (iv) of sub-
section (3);
(iii) to prepare detailed guidelines for the protection of the
paddy lands/wetlands in the areas under the jurisdiction of the
Committee;
[ x x x]
(v) to perform such other functions, as may be prescribed
from time to time.”
8. It is also apposite to refer to sub-rules (4) to (8) of
Rule 4 of the Rules, which read as follows:
“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
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10Village Officer by conducting inspection of the land on the basis of
revenue records regarding wetlands, 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 wetlands 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 wetlands 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 wetland 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.
Whereas, in the case of Panchayath/Muncipality/ Corporations
having more than one Krishi Bhavan, each Krishi Bhavan shall
prepare separate data bank and the same shall be notified
together or separately in the Gazette.
(4a) The secretary of Panchayath/Muncipality/Corporation
concerned shall display the copy of the said data bank so
published in the Gazette in the notice Board and website of the
office.
(4b) Panchayath / Muncipality /Corporation Secretary concerned
shall send two copies of the said data bank to the Village Officer
and Agricultural Officer concerned.
(4c) Village Officer and Agricultural Officer concerned shall
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display one of the copies so received, on their notice boards for
the knowledge of the public and one among them shall be kept
secured in the office and shall be given upon any land owner’s
request.
(4d) Any person aggrieved by the contents in the data bank
so displayed may submit objections regarding that before
the Revenue Divisional Officer in an application form
contained in Form-5 and Revenue Divisional Officer shall
give an Acknowledgment receipt for the applications thus
received and the details regarding such application shall be
maintained in a register.
(4e) If the applications received as mentioned in sub rule (4d) is
regarding paddy lands, it shall be sent to the Agricultural Officer
concerned and if it is regarding wetland, to the Village Officer for
a report and as the case may be, the Agricultural officer or Village
Officer shall submit a report on that within one month.
(4f) After the receipt of a report as per sub rule-(4e),
Revenue Divisional Officer shall pass such orders in the
application, as it may deem fit, after verifying the contents
in the data bank by conducting inspection directly or with
the help of satellite pictures prepared by Central / State
Institute of Science and technology.
(5) If lands lying as Paddy land/ wetland for the time being, are
not included in the data bank published in the Gazette as per Sub
rule(4), local monitoring committee shall have authority to take
steps for including the same.
(6) Any person aggrieved by the details erroneously
included in the data bank notified as per Sub rule-4 of Rule-
4, may file a review application before the local level
monitoring Committee concerned within 90 days from the
date of commencement of I Kerala Conservation of Paddy
Land and Wetland (amendment) Rules, 2017.
(7) The application prepared including the particulars such
a details of land which is contained in the data bank
published in the Gazette and has become the subject of
review application and details regarding the intended
remedies, may be filed by affixing 100 Rupees court fee
stamp. Review applications so filed shall be accepted by the
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local level monitoring committee and an acknowledgement
receipt shall be given regarding the same. Local level
monitoring committee shall have the authority to accept the
applications by condonation of delay in filing the
application, on sufficient reasons.
(8) On receipt of such application, Local Level Monitoring
Committee shall inspect the paddy land and prepare a
report relating to the nature of the said land and shall take
steps for taking satellite pictures prior and subsequent to
the date of 5 coming into force of the Act viz. 12th August
2008, and shall take a decision regarding the nature of the
said land based on land inspection report and satellite
pictures and wherever there is a change in the nature of
land from that notified in the gazette, shall make necessary
corrections in the data-bank accordingly and republish the
same.”
9. A co-joint reading of Section 5(4) of the Act and
sub-rules (4d) and (4f) of Rule 4 explicitly reveals that the
Authorised officer is empowered to exclude a property
from the data bank, as per the procedure delineated
above, only on an application submitted by an aggrieved
person.
10. Likewise, as per sub-rules (6) to (8) of Rule 4,
the LLMC is authorised to make necessary corrections in
the data bank and republish the same only on a review
application submitted by an aggrieved person.
11. In Valsala V.M.‘s case (supra), this Court has
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observed that the Authorised Officer and the LLMC have
concurrent jurisdiction to decide an application for the
removal of a property from the data bank or correct the
data bank, respectively.
12. Going by the framework of the Act and the
discussions above, I am satisfied that the direction in the
impugned judgment, ordering the 2nd review petitioner to
exclude the property from the data bank without an
application, is an error apparent on the face of the
judgment, and the same is liable to be reviewed.
Nonetheless, considering that the respondents 1 and 2
have, during the interregnum, submitted Ext.R1(c)
application in Form 5, I am of the view that the review
petition can be disposed of by directing the Authorised
Officer to consider and dispose of the application
expeditiously.
In the result, in supersession of the impugned
judgment, I dispose of the review petition by directing the
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2nd review petitioner/Authorised Officer to consider
Ext.R1(c) application in accordance with the law,
particularly keeping in mind the principles laid down in
Line Properties Pvt. Ltd and Valsala V.M. cases (cited
supra), and as expeditiously as possible, at any rate, within
six weeks from the date of production of a copy of this
order.
SD/-
C.S.DIAS, JUDGE
mtk/dkr
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APPENDIX OF RP NO. 1 OF 2026
RESPONDENT EXHIBITS
Exhibit-R1(a) A TRUE COPY OF THE JUDGMENT , DATED 20-03-
2025 IN RP NO.320/2025 ON THE FILES OF THE
HONOURABLE HIGH COURT OF KERALA .
Exhibit-R1(b) A TRUE COPY THE PROCEEDINGS DATED 26-03-
2021 OF KANAYANNUR TAHASILDAR (LAND
RECORDS)
Exhibit-R1(c) A TRUE COPY OF THE FORM NO.5 APPLICATION
DATED 13-01-205.