Keettile Valappil Damodharan vs The Village Officer
2021 Latest Caselaw 5088 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                    WP(C).No.31877 OF 2019(H)


PETITIONER:

               KEETTILE VALAPPIL DAMODHARAN
               AGED 69 YEARS
               S/O.CHIRUKANDAN, KEETTILE VALAPPIL HOUSE,
               PARIYARAM AMSOM DESOM, MELERIPPURAM,
               PERIYARAM.P.O., KANNUR DISTRICT PIN-670502

               BY ADV. SRI.P.S.BINU

RESPONDENTS:

      1        THE VILLAGE OFFICER
               PARIYARAM VILLAGE, PERIYARAM.P.O., KANNUR
               DISTRICT, PIN-670502

      2        THE THAHASILDAR
               THALIPARAMBA THALUK, THALIPARAMBA.P.O, KANNUR
               DISTRICT, PIN-670141

               SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.31877 of 2019

                                 2

                             JUDGMENT

The petitioner, who is stated to be the owner in possession

and enjoyment of 2 Acres of land comprised in Re.Sy.No.86/1

(O.S.No.1/1A) of Pariyaram Amsom Desom in Kannur District,

obtained as per Ext.P1 purchase certificate bearing No.7259/77

dated 26.04.1977 in O.A.No.1669 of 1976 on the file of the Land

Tribunal, Thaliparamba-I, has filed this writ petition under Article

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

commanding the 1st respondent to receive land tax in respect of

the property for the period from 2003 onwards and to issue land

tax receipt to the petitioner.

2. On 26.11.2019, when this writ petition came up for

admission, the learned Government Pleader took notice for the

respondents.

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 Ext.P5 application dated 12.11.2019 made by the petitioner WP(C)No.31877 of 2019

is pending consideration before the 1 st respondent, who will

consider and pass appropriate orders 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 Ext.P5 application may be with notice to the

petitioner and after affording him a reasonable opportunity of

being heard.

6. Having considered the submissions made by the

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

directing the 1st respondent to consider and pass appropriate

orders on Ext.P5 application, if it is in order and pending

consideration, with notice to the petitioner and other affected

parties, if any, and after affording them an opportunity of being

heard, 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 WP(C)No.31877 of 2019

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 this

judgment, the 1st 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

yd WP(C)No.31877 of 2019

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE PURCHASE CERTIFICATE NO.7259/77 ISSUED FROM THE LAND TRIBUNAL-I, THALIPARAMBA

EXHIBIT P2 COPY OF THE TAX RECEIPT OF EH YEA R1976-77 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P3 COPY OF THE TAX RECEIPT OF THE YEAR 2001-02 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.04.12.2010

EXHIBIT P5 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P6 COPY OF THE REPRESENTATION SUBMITTED B THE PETITIONER TO THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE