Kerala High Court
Appukuttan vs State Of Kerala on 24 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA,
1942
WP(C).No.4868 OF 2021(G)
PETITIONER/S:
APPUKUTTAN, AGED 79 YEARS
S/O.UNNIKKA, KANNARAMBIL HOUSE,
CHITTILAPPILLY P.O., THRISSUR DISTRICT,
PIN-680551.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY
REVENUE DEPARTMENT), SECRETARIAT,
PALAYAM P.O., THIRUVANANTHAPURAM DISTRICT,
PIN-695001.
2 THE TAHSILDAR,
THRISSUR TALUK OFFICE, TOWN HALL,
WEST PALACE ROAD, CHEMBUKKAV P.O.,
THRISSUR DISTRICT, PIN-680020.(CORRECTED)
THE DESCRIPTION OF THE 2ND RESPONDENT IS SUO
MOTU CORRECTED AS
'TAHSILDAR(LR), THRISSUR TALUK OFFICE, TOWN
HALL, WEST PALACE ROAD, CHEMBUKKAVU.P.O.,
THRISSUR DISTRICT, PIN-6800020'.
AS PER ORDER DATED 24-02-2021.
3 THE VILLAGE OFFICER,
CHITTILAPPILLY VILLAGE OFFICE,
CHITTILAPPILLY P.O., THRISSUR DISTRICT, PIN-
680551.
-2-
W.P.(C). No.4868 of 2021
OTHER PRESENT:
SMT A.C.VIDHYA - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-3-
W.P.(C). No.4868 of 2021
JUDGMENT
The petitioner, who is the owner in possession of 48.43
cents of property in Re.Sy.No.131/15 of Chittilappilly Village,
Thrissur Taluk, covered by Ext.P1 tax receipt dated
09.11.2012, has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus
commanding the 2nd respondent Tahsildar (LR) to point out the
boundaries of 48.43 cents of property comprised in Survey
number mentioned above. The petitioner has also sought for a
writ of mandamus commanding the 2nd respondent to consider
Ext.P5 application, dated 07.12.2020, within a time frame.
Ext.P5 is an application made by the petitioner before the 2 nd
respondent Tahsildar (LR) under Chapter 6 Clause 17 of the
Survey Manual.
2. Heard the learned counsel for the petitioner and
also the learned Government Pleader appearing for
respondents.
3. The learned Senior Government Pleader would
submit that the 2nd respondent will consider and pass
W.P.(C). No.4868 of 2021
appropriate orders on Ex.P5 application filed by the petitioner,
if that application is in order and pending consideration, within
a time limit to be fixed by this Court.
4. The learned counsel for the petitioner would submit
that consideration of Ext.P5 application may be with notice to
the petitioner.
5. Having considered the submissions made by the
learned counsel on both sides, this writ petition is disposed of
directing the 2nd respondent to consider and pass appropriate
orders on Ext.P5 application, if that application 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 three months
from the date of receipt of a certified copy of this judgment.
6. 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
W.P.(C). No.4868 of 2021
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.
7. 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
das
W.P.(C). No.4868 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT
FROM THE VILLAGE OFFICE,
CHITTILAPPILLY DATED 09.11.2012.
EXHIBIT P2 TRUE COPY OF THE SALE-DEED
NO.1068/1976 OF SUB REGISTRAR OFFICE,
MUNDOOR EXECUTED IN FAVOUR OF THE
PETITIONER DATED 28.05.1976.
EXHIBIT P2(A) TYPED COPY OF EXHIBIT P2.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT
FROM THE VILLAGE OFFICE,
CHITTILAPPILLY DATED 19.06.2020.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 05.12.2020.
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER UNDER FORM NO.10
DATED 07.12.2020.
EXHIBIT P6 TRUE COPY OF THE E.P.NO.224/2020 IN
O.S.NO.701/2018 ON THE FILE OF MUNSIFF
COURT, CHAVAKKAD DATED 16.03.2020.
