K.S.Kathiresh vs Taluk Officer
2021 Latest Caselaw 4465 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                  WP(C).No.26657 OF 2020(F)


PETITIONER/S:

             K.S.KATHIRESH, AGED 54 YEARS
             S/O K. SUBRAMONIAM (LATE), AISWARYA NO-20,
             SUBASH NAGAR, VALLAKKADAVU P.O.PETTAH VILLAGE,
             THIRUVANANTHAPURAM-695 008.

             BY ADV. SRI.S.SUNIL KUMAR (PALAKKAD)

RESPONDENT/S:

     1       TALUK OFFICER
             THIRUVANANTHAPURAM TALUK, NEAR EXCISE OFFICE,
             EAST FORT PAZHAVANGADI, THIRUVANANTHAPURAM-695
             023.

     2       VILLAGE OFFICER,
             THYCAUD VILLAGE OFFICE, HOUSING BOARD,
             VALIYACHALA, THYCAUD, THIRUVANANTHAPURAM-695
             014.

     3       SUB REGISTRAR OFFICER,
             SUB REGISTRAR OFFICE, CHALAI,
             THIRUVANANTHAPURAM-695 023.

     4       HDB FINANCIAL SERVICES LTD,
             1ST FLOOR, SPRINGS BUILDINGS, EDAPPAZHANJI,
             THYCAUD, THIRUVANANTHAPURAM-695 014,
             REPRESENTED BY ITS AUTHORISED OFFICER,

     5       K. NIRMALAN,
             AGED 59 YEARS
             S/O KRISHNAN NAIR, TC-16/779-1, KNR LANE,
             HOUSE NO 172, JAGATHY, THYCAUD,
             THIRUVANANTHAPURAM-695 014.
                                    -2-
W.P.(C). No. 26657 of 2020




OTHER PRESENT:

                   SR GOVERNMENT PLEADER-SMT K.AMMINIKUTTY ; SRI
                   AJITH KUMAR - R4

     THIS WRIT PETITION (CIVIL) HAVING COME UP               FOR
ADMISSION ON 08.02.2021, THE COURT ON THE SAME               DAY
DELIVERED THE FOLLOWING:
                                  -3-
W.P.(C). No. 26657 of 2020



                             JUDGMENT

The petitioner, who is the auction purchaser in respect of

4.96 Ares of property in Re.Sy.No.45 in Block No.47 of

Thycaud Village, Thiruvananthapuram Taluk covered by Ext.P1

sale certificate dated 07.05.2020 issued by the 4th respondent

invoking the provisions under Section 13 read with Rule 8 and

9 of the Security Interest (Enforcement) Rules 2002, has filed

this writ petition under Article 226 of the Constitution of India,

seeking a writ of mandamus commanding the 2 nd respondent

Village Officer to effect mutation of the property covered by

Ext.P1 sale certificate in favour of the petitioner, at the

earliest. The petitioner has also sought for a writ of

mandamus commanding the 2nd respondent to consider the

application referred to in Ext.P3 receipt dated 03.06.2020, for

transfer of registrty, and take an appropriate action thereon.

2. On 02.12.2020, when this writ petition came up for

admission, the learned Government Pleader was directed to

get instructions.

W.P.(C). No. 26657 of 2020

3. Heard the learned counsel for the petitioner, the

learned Senior Government Pleader for respondents 1 to 3

and also the learned counsel for the 4th respondent.

Considering the nature of relief proposed to be granted,

service of notice on the 5th respondent is dispensed with.

4. The learned Senior Government Pleader, on

instructions, would submit that the application made by the

petitioner for transfer of registry, as referred to in Ext.P3

receipt dated 03.06.2020, is pending consideration before the

2nd respondent and the said respondent will take an

appropriate decision on that application within a time limit to

be fixed by this Court.

5. The learned counsel for the petitioner would submit

that consideration of that application may be with notice to

the petitioner.

6. Having considered the submissions made by the

learned counsel on both sides, this writ petition is disposed of

by directing the 2nd respondent Village Officer to consider and

pass appropriate orders on the application for transfer of

W.P.(C). No. 26657 of 2020

registry made by the petitioner, as referred to in Ext.P3

receipt dated 03.06.2020, in respect of the property covered

by Ext.P1 sale certificate, with notice to the petitioner and

also to the 5th respondent and after affording them an

opportunity of being heard, at the earliest, at any rate, within

a period of one month from the date of receipt of a certified

copy of this judgment.

7. 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.

8. Therefore, in terms of the direction contained in

W.P.(C). No. 26657 of 2020

this judgment, the 2nd respondent shall take an appropriate

decision on the matter, strictly in accordance with law, taking

note of the relevant statutory provisions and also the law on

the point.

        No order as to costs.               Sd/-

                                      ANIL K.NARENDRAN
                                            JUDGE
das

W.P.(C). No. 26657 of 2020



                                 APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                   TRUE COPY OF THE SALE CERTIFICATE NO

730/2020 DATED 7.5.2020 REGISTERED IN THE NAME OF PETITIONER

EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO 981/2020 DATED 4.2.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 3.6.2020 ISSUED BY THE RESPONDENT NO VILLAGE OFFICER

EXHIBIT P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO-5459/2020 DATED 25.9.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE INJUNCTION APPLICATION AS IA NO 764/2020 IN SA NO 207/2020 FILED BEFORE DRT-2 ERNAKULAM DATED 15.6.2020

EXHIBIT P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN IA NO 764/2020 IN SA NO 207/2020 FILED BEFORE DRT-2 ERNAKULAM DATED 1.10.2020