Kerala High Court
P.A.Thomas Tharakan vs The Taluk Land Board on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.4633 OF 2020(D)
PETITIONER:
P.A.THOMAS THARAKAN
AGED 74 YEARS
S/O. ABRAHAM THARAKAN, HOUSE NO.60, CHOICE
PARK, PERANDOOR ROAD, COCHIN - 682 026
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.MATHEW DEVASSI
SRI.ABY J AUGUSTINE
RESPONDENTS:
1 THE TALUK LAND BOARD
CHERTHALA
2 THE TAHSILDAR
ERNAD TALUK, ERNAD, MALAPPURAM DISTRICT
3 THE VILLAGE OFFICER
MAMBAD VILLAGE, MAMBAD, ERNAD TALUK
4 THE REVENUE DIVISIONAL OFFICER
ALAPPUZHA
R1-4 BY GOVERNMENT PLEADER
SRI JAFAR KHAN Y.- SPL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.4633 of 2020
2
JUDGMENT
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of mandamus
commanding the 4th respondent Revenue Divisional Officer,
Alappuzha, to pass final orders on Ext.P1 application filed under
sub-section (8) of Section 85 of the Kerala Land Reforms Act, to
set aside the order in TLB 30/Shy, without any further delay. The
further relief sought for is a writ of mandamus commanding the
3rd respondent Village Officer to accept land tax with respect to
5.10 Acres of land owned and possessed by the petitioner and his
three brothers, vide document Nos.1189, 1190 and 1197 of the
Sub Registrar Office, Nilambur.
2. On 01.07.2020, when this writ petition came up for
admission, notice before admission was ordered to the
respondents. The learned Government Pleader took notice for
respondents 1 to 4.
3. On 11.08.2020, when this writ petition came up for
consideration, this Court passed the following order;
"When the matter was taken up, the learned Government
WP(C)No.4633 of 2020
Pleader has made available the statement of the Chairman,
Taluk Land Board, Cherthala. The relevant portion reads
thus;
"The Tahasiladar, Nilambur here reported that the
declarant Sri.P.A.Geroge Tharakan had submitted a
revised option for surrendering their 5.9275 Acres of
land in Pullipadam Village in Nilambur Taluk in lieu of
the land in Mambad Village and also informed that
there is no legal hindrance in receiving the land tax
of the properties comprised in Survey number 362/3,
362/4 in Mambad Village.
In the circumstances it is informed that there is no
legal restrictions to accept the property tax of the
land in Survey number 362/3, 362/4 of
Sri.P.A.Thomas Tharakan and his 3 brothers by
virtue of the document No.1189, 1190, 1197 of the
SRO Nilabur."
2. This would satisfy relief No.(ii) sought for by the
petitioner in this writ petition. In that view of the matter,
the 3rd respondent shall proceed to accept property tax in
terms of the directions above.
3. The learned Government Pleader shall get specific
instructions as to the reasons which prevent the 4 th
respondent in passing final orders on Ext.P1 application."
4. On 27.01.2021, when this writ petition came up for
further consideration, the learned Government Pleader, on
instructions, submitted that, in case the petitioner approaches
WP(C)No.4633 of 2020
the 3rd respondent on that day (27.01.2021), he will be permitted
to remit the land tax in respect of the property in Mambad
Village. The learned counsel for the petitioner submitted that the
petitioner shall approach the 3rd respondent on that day itself.
5. The 4th respondent Revenue Divisional Officer, who is
holding charge of the Chairman of the 1 st respondent Taluk Land
Board has filed a statement dated 23.01.2021. Paragraphs 3 and
4 of that statement read thus;
"3. It is submitted that the petitioner has stated in the writ
petition, that on account of some clerical mistake,
Sri.P.A.George Tharakan was required to surrender an
extent of 8.04575 Acres of land and it is without notice to
the petitioner and his three brothers, who are the brothers
of P.A.George Tharakan. According to the petitioner, his
brothers have filed Ext.P1 application under Section 85(8)
of the Kerala Land Reforms Act before the 1 st respondent
Taluk Land Board.
4. During the pendency of the above writ petition, this
Honourable Court passed an interim order dated
11.08.2020, and the Government Pleader was directed to
get instructions as to the reasons, which prevent the 4 th
respondent in passing final orders on Ext.P1 application.
This respondent has already issued a hearing notice dated
18.01.2021 to the petitioner to conduct a personal hearing
WP(C)No.4633 of 2020
on 28.01.2021 at 03.00 PM at the office of the Taluk Land
Board, Alappuzha. A true copy of the notice dated
18.01.2021 issued to the petitioner is produced herewith
and marked as Annexure-R4(a). This respondent will
conduct a reasonable opportunity of hearing on 28.01.2021
and a decision will be taken after considering the
contentions of the petitioner in accordance with law. This
respondent requires three months more time to take a final
decision in the above mater. It is therefore, humbly prayed
that this Honourable Court may be pleased to grant three
months more tie to finalise the proceedings in TLB 30/Chla
on the files of Taluk Land Board, Cherthala."
6. Heard the learned counsel for the petitioner and also
the learned Special Government Pleader appearing for the
respondents.
7. The learned counsel for the petitioner would submit
that the petitioner has already been permitted to remit land tax
in respect of the property in Mambad in terms of the order of this
Court dated 27.01.2021 and now, what remains for consideration
in this writ petition is, consideration of Ext.P1 application made
under sub-section (8) of Section 85 of the Kerala Land Reforms
Act, by the 4th respondent Revenue Divisional Officer. The learned
WP(C)No.4633 of 2020
counsel for the petitioner would point out that in Ext.P2 judgment
dated 11.07.1994 in O.P.No.9398 of 1994, this Court noticed the
pendency of Ext.P1 application before the 1 st respondent Taluk
Land Board.
8. The learned Special Government Pleader, on
instructions, would submit that the 4th respondent Revenue
Divisional Officer, who is the Chairman in-charge of the 1 st
respondent Taluk Land Board, will consider and pass appropriate
orders on Ex.P1 application, if that application is in order and still
pending consideration, within a time limit to be fixed by this
Court. The 4th respondent Revenue Divisional Officer, who is
holding charge of the Chairman of the 1 st respondent Taluk Land
Board, has already issued Ext.R4(a) notice.
9. The learned counsel for the petitioner would submit
that considering the fact that the petitioner is aged more than 74
years, the 4th respondent may be directed to conduct a personal
hearing through video conferencing, before taking a decision on
Ext.P1 application.
10. Having considered the submissions made by the
WP(C)No.4633 of 2020
learned counsel on both sides, this writ petition is disposed of
directing the 1st respondent Taluk Land Board to consider and
pass appropriate orders on Ext.P1 application filed under sub-
section (8) of Section 85 of the Kerala Land Reforms Act, if that
application is in order, with notice to the applicants therein, the
petitioner herein and other affected parties, and after affording
them an opportunity of being heard, through video conferencing,
within a period of three months from the date of receipt of a
certified copy of this judgment.
11. 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.
WP(C)No.4633 of 2020
12. Therefore, in terms of the direction contained in this
judgment, the 1st respondent Taluk Land Board 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.4633 of 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPLICATION FILED BY
P.A. ANTONY THARAKAN DATED 28.6.1994
BEFORE THE 1ST RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN O.P.
NO.9398 OF 1994 DATED 11.7.1994
EXHIBIT P3 TRUE COPY OF THE WRITTEN APPLICATION
DATED 29.09.2020 ENCLOSING THE
AUTHENTICATED COPY OF THE INTERIM ORDER
FORWARDED BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 01.10.2020
FORWARDED BY THE 3RD RESPONDENT TO THE
PETITIONER.
4TH RESPONDENT'S ANNEXURE:
ANNEXURE R4(A) THE TRUE COPY OF THE NOTICE DATED
18.01.2021 ISSUED TO THE PETITIONER.
TRUE COPY
P.A. TO JUDGE
