Ponnappan @ Kunjumon vs State Of Kerala
2021 Latest Caselaw 4651 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       W.P.(C) No.595 OF 2021(Y)


PETITIONER/S:

                PONNAPPAN @ KUNJUMON
                AGED 80 YEARS
                S/O. AYYAPPAN, MANDAKATHINKAL HOUSE, KANJIRATHINKAL
                DESOM, KUZHUPPULLY ROAD, KATTAKAMBAL VILLAGE,
                KATTAKAMBAL P.O., KUNNAMKULAM TALUK, THRISSUR
                DISTRICT.

                BY ADV. SRI.C.DHEERAJ RAJAN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY LOCAL SELF-GOVERNEMNT
                DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
                695 001.

      2         VILLAGE OFFICER
                KATTAKAMPAL VILLAGE, KATTAKAMPAL P.O., THRISSUR
                DISTRICT-680 544.

      3         WE-ONE KURIES
                REPRESENTED BY ITS CHAIRMAN, SETHUMATHAVAN, AGED 48
                YEARS, S/O. KRISHNAN, CHAVAKKAD TALUK, MANATHALA
                DESOM, MANATHALA VILLAGE, MANATHALA P.O., THRISSUR
                DISTRICT-680 506.


OTHER PRESENT:

                SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.595 OF 2021(Y)

                                  2

                            JUDGMENT

The petitioner, who is the owner in possession of 2.24 ares of

property in Survey No.895/2 of Kattakampal Village, covered by

settlement deed No.401 of 2005, has filed this writ petition under

Article 226 of the Constitution of India, seeking a writ of

mandamus commanding the 2nd respondent Village Officer of

Kattakampal Village to issue possession certificate to the petitioner

obtaining to the said property.

2. Going by the averments in the writ petition, the

petitioner stood as surety in the kuri subscribed by one Dhaneesh,

conducted by the 3rd respondent. On account of default of monthly

installments, the 3rd respondent filed O.S.No.2221 of 2015 before

the Munsiff Court, Thrissur and obtained an order of attachment

against the property in question. W.P.(C) No.26091 of 2020 filed

by the petitioner seeking an order directing the 2nd respondent to

accept land tax was closed by Ext.P3 judgment, since the 2nd

respondent accepted land tax vide Ext.P2 receipt. Thereafter, the

petitioner approached the 2nd respondent with a request to issue

possession certificate.

3. On 08.01.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on W.P.(C) No.595 OF 2021(Y)

admission for respondents 1 to 2. Urgent notice on admission by

speed post was ordered to the 3rd respondent, returnable within

three weeks. The learned Government Pleader was directed to get

instructions.

4. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for respondents 1 and

2. Notice issued to the 3rd respondent is not returned after service.

Considering the nature of relief proposed to be granted, service of

notice on the 3rd respondent is dispenced with.

5. The learned Government Pleader, on instructions, would

submit that the 2nd respondent is yet to receive any application by

the petitioner for possession certificate, in respect of the property

in question. If any such application is received, the 2 nd respondent

will consider the same, in accordance with law.

6. The learned counsel for the petitioner would submit that

the petitioner will submit an application before the 2 nd respondent

for possession certificate, within a period of one week from the

date of receipt of a certified copy of this judgment.

7. Having considered the submission made by the learned

counsel on both sides, this writ petition is disposed of with the

following directions;

W.P.(C) No.595 OF 2021(Y)

(i) Within one week from the date of receipt of a

certified copy of this judgment, the petitioner shall

submit a proper application before the 2 nd respondent

Village Officer, for possession certificate, after complying

with the statutory requirements.

(ii) In case, the application filed by the petitioner is in

order and the petitioner has complied with the statutory

requirements, the 2nd respondent shall consider and

take an appropriate decision on that application, with

notice to the petitioner and also to the 3 rd respondent

and after affording them an opportunity of being heard,

as expeditiously as possible, at any rate, within a period

of one week from the date of receipt of a certified copy

of this judgment.

8. 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 W.P.(C) No.595 OF 2021(Y)

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.

9. Therefore, in terms of the direction contained in this

judgment, the 2nd respondent 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.

No order as to costs.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.595 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  THE TRUE COPY OF THE PLAINT IN
                            O.S.2221/2015 FILED BY THE 3RD
                            RESPONDENT BEFORE THE MUNSIFF COURT,
                            THRISSUR.

EXHIBIT P2                  THE TRUE COPY OF THE BASIC TAX RECEIPT
                            ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3                  THE TRUE COPY OF THE ORDER DATED
                            30.11.2020 IN WPC 26091/2020.