NIYAS Vs. DISTRICT COLLECTOR PALAKKAD

JUDGEMENT

(1.) Petitioner is the owner of 10.11 Ares of land in Resurvey No.258/36 of Block No.44 of Vadakkenchery 1 Village, Alathur Taluk, Palakkad District. Petitioner's wife owns 6.7 Ares of adjacent land in Re-survey No. 258/43,(258/5) of Block No.44 of Vadakkenchery I Village, Alathur Taluk, Palakkad District. Both properties are lying adjacent to each other. Petitioner's application under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'the Act') was repeatedly rejected by the 2nd respondent. Each time, this Court interfered with the order of rejection and directed a fresh consideration. Finally, by order dtd. 30/6/2023, the Revenue Divisional Officer, after referring to the report of the data obtained from the KSREC, once again rejected the application, after observing that the land is suitable for paddy cultivation.

(2.) Sri. Prabhu K.N, the learned counsel for the petitioner, submitted that the findings in Ext.P14 order of the RDO are perverse, since the materials available before the 2nd respondent cannot lead to such a conclusion, and therefore, the impugned order is liable to be set aside.

(3.) Smt. Devishri R., the learned Government Pleader, on the other hand pointed out that the findings of fact entered into by the Statutory Authorities, ought not to be interfered with, unless the findings are perverse. According to the learned Government Pleader, the conclusion has been arrived at based on the records available, and therefore, no reasons exist to interfere with such findings.