Jijo Thomas vs Village Officer
2021 Latest Caselaw 5760 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.2915 OF 2021(L)


PETITIONER:

               JIJO THOMAS
               AGED 44 YEARS
               S/O. THOMAS, VATTOTH HOUSE, MUTHUKADU P.O,
               PERUVANNAMUZHY, KOZHIKODE-673 528

               BY ADVS.
               SRI.J.JULIAN XAVIER
               SRI.FIROZ K.ROBIN
               ROY JOSEPH
               PIOUS MATHEW
               ANNIES MATHEW
               SRI.E.HARIDAS

RESPONDENT:

               VILLAGE OFFICER
               OFFICE OF CHAKKITTAPARA VILLAGE,
               CHAKKITTAPARA, PERUVANNAMUZHY P.O,
               KOZHIKODE DISTRICT, PIN-673 526


               BY SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2915 OF 2021(L)

                                  2


                            JUDGMENT

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

and enjoyment of 2.02 Ares of land comprised in Un-Sy.No.575 of

Chakkittapara Village covered by Ext.P1 Will bearing

No.394/1/2020 of the Sub Registrar Officer, Koorachundu, has filed

this writ petition under Article 226 of the Constitution of India

seeking a writ of mandamus commanding the respondent Village

Officer to effect transfer of registry of the property covered by

Ext.P1, in the name of the petitioner. The petitioner has also sought

for an order directing the respondent to take an appropriate

decision on Ext.P4 representation dated nil.

2. On 04.02.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

3. Heard the learned counsel for the petitioner and also the

learned Senior Government Pleader appearing for the respondent.

4. The learned Senior Government Pleader, on instructions,

would submit that the representation submitted by petitioner for

mutation of the property covered by Ext.P1 is now pending

consideration before the respondent and that, the respondent shall WP(C).No.2915 OF 2021(L)

consider the same and 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 Ext.P4 representation 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 by directing

the respondent to consider and pass appropriate orders on Ext.P4

representation, 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 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 WP(C).No.2915 OF 2021(L)

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.

Therefore, in terms of the direction contained in this

judgment, the 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
JV                                            JUDGE
 WP(C).No.2915 OF 2021(L)






                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE WILL DEED NO. 394/1/2020
                     OF SUB REGISTRY OFFICE, KOORACHUNDU.

EXHIBIT P2           TRUE COPY OF THE SETTLEMENT DEED NO.
                     1393/1/99 DATED 9.7.1999 OF SRO
                     KOORACHUNDU.

EXHIBIT P3           TRUE COPY OF THE LATEST LAND TAX RECEIPT
                     DATED 25.04.2019 ISSUED BY THE
                     RESPONDENT.

EXHIBIT P4           TRUE COPY OF THE REPRESENTATION DATED
                     9.6.2020 SUBMITTED BY THE PETITIONER
                     BEFORE THE RESPONDENT.