Kerala Wetland Act | Ignorance Of Law & Its Development Through Judgments Main Reason For Accumulation Of Cases
Case: Vasu Kallayi v. State of Kerala & Ors.
Coram: Justice P.V Kunhikrishnan
Case No.: WP(C) NO. 18619 OF 2020
Court Observation: “Ignorance of law and ignorance of the development of law through the judgments of the constitutional Courts are the main reasons for the accumulation of cases before this Court in the jurisdiction relating to the Kerala Conservation of Paddy Land and Wetland Act, 2008.”
“Such an exercise of power under S.27A(11) is impermissible and is without jurisdiction, and the legal position in that regard is accordingly ordered and declared. Emphasis is to be down to the fact that the only ground on the basis of which order in the nature of S.27A(11) can be passed so as to cancel the conversion order granted under S.27A(2) is that the applicant concerned has not complied with the conditions attached to conversion order as per S.27A(2) either fully or partially.”
“Bare reading of Sec.27A(11) of the Act, 2008 itself will show that an order passed under Sec.27A can be cancelled only in certain conditions mentioned in Sec.27A(11). Admittedly, there is no such violation of the conditions. If that is the case, order is unsustainable in law. The Revenue Divisional Officer being a statutory authority, should know the law and the dictum laid down by this Court.”
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