IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.28333 OF 2020(N)
PETITIONER:
LODGE MINCHIN NO.2710 EC
REPRESENTED BY ITS SECRETARY, K. NEELAKANTAN
NAIR, AGED 64 YEARS, S/O. M.KRISHNAN NAIR,
RESIDING AT JNWA-4A, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-695 003.
BY ADVS.
SRI.D.KISHORE
SRI.R.MURALEEKRISHNAN (MALAKKARA)
SMT.MEERA GOPINATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTD BY ITS SECRETARY TO GOVERNMENT,
REVENUE (U) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM-695 035.
3 THE TAHSILDAR
TALUK OFFICE, THIRUVANANTHAPURAM-695 023.
4 THE ADDITIONAL TAHSILDAR
TALUK OFFICE, THIRUVANANTHAPURAM-685 023.
SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C).No.28333 OF 2020(N)
JUDGMENT
The petitioner, which is a Society holding 65 cents of land comprised in Survey Nos.597 and 598 of Sasthamangalam Village by way of Kuthakapattom and having ownership and possession of 70.925 cents of land in Survey No.598 lying on the southern side of the aforesaid 65 cents, facing the Vazhuthacaud-Pangodu Road, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Tahsildar to consider and act on Ext.P3 application made under the provisions of the Kerala Survey and Boundaries Act, 1964 seeking re-fixation of the boundaries of the said property and Ext.P4 application dated 26.10.2020 made in Form No.8, invoking Rule 27 of the Kerala Survey and Boundaries Rules, 1964 for survey and demarcation of the boundaries of the said property, with notice to the petitioner, expeditiously.
2. On 18.12.2020, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.
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3. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.
4. The learned Senior Government Pleader would submit that in case Exts.P3 and P4 applications made by the petitioner are in order and still pending consideration, the 3 rd respondent shall consider the same and pass appropriate orders thereon, within a time limit to be fixed by this Court.
5. The learned counsel for the petitioner would submit that consideration of Exts.P3 and P4 may be with notice to the petitioner and after affording an authorised representative of the petitioner an opportunity of being heard.
6. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3rd respondent Tahsildar to consider and pass appropriate orders on Exts.P3 and P4 applications made by the petitioner, with notice to the petitioner and after affording the authorised representative of the petitioner an opportunity of being heard, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a -4- WP(C).No.28333 OF 2020(N) certified copy of this judgment.
6. In State of U.P. v. Harish Chandra [(1996) 9 SCC 309] the Apex Court held that no mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law. In Bhaskara Rao A.B. v. CBI [(2011) 10 SCC 259] the Apex Court reiterated that, generally, no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law.
7. Therefore, in terms of the direction contained in this judgment, the 3rd respondent Tahsildar shall take an appropriate decision in the matter, strictly in accordance with law, taking note of the relevant statutory provisions and also the law on the point.
Sd/-
ANIL K.NARENDRAN, JUDGE AV/12/1 -5- WP(C).No.28333 OF 2020(N) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SKETCH PERTAINING TO THE LEASED OUT PROPERTY HAVING AN EXTENT OF 65 CENTS IN SURVEY NO.598 AS WELL AS THE REGISTERED HOLDING OF THE PETITIONER IN SURVEY 598 HAVING AN EXTENT OF 70.925 CENTS.
EXHIBIT P2 TRUE COY OF THE RESURVEY SKETCH PREPARED ON 27.10.2014 BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P3(A) TRUE COPY OF THE POSTAL
ACKNOWLEDGEMENT EVIDENCING THE
ACCEPTANCE OF EXHIBIT P3 BY THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
26.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.