Valasan Matathil vs Taluk Surveyor
2021 Latest Caselaw 1060 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                       WP(C).No.25023 OF 2020(C)


PETITIONER:

               VALASAN MATATHIL
               AGED 52 YEARS
               MANAGER, DESABANDHU HIGHER SECONDARY SCHOOL,
               THACHAMAPARA P.O., PALAKKAD DISTRICT.

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SMT.T.V.NEEMA

RESPONDENTS:

      1        TALUK SURVEYOR
               MANNARKKAD TALUK, PALAKKAD DISTRICT-678 582.

      2        VILLAGE OFFICER,
               THACHAMPARA, PALAKKAD DISTRICT - 678582.

      ADDL.    TAHSILDAR,
      R3       MANNARKKAD, PALAKKAD DISTRICT TALUK OFFICE,
               MANNARKKAD, PIN - 678601.
               IS IMPLEADED AS PER ORDER DATED 07.01.2021 IN IA
               1/2020 IN WP(C) NO. 25023/2020.


               BY SMT K.AMMINIKUTTY -SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25023 OF 2020(C)

                                          2


                                   JUDGMENT

The petitioner, who is the Manager of Desabandhu Higher

Secondary School, Thachampara in Palakkad District, which owns

two items of property having an extent of 2 acres 66 cents in

Re.Sy.Nos.41/2A and 41/3A, and 1 acre 17 cents in

Re.Sy.No.41/2B of Sub Registrar Office, Mannarkkad, has filed this

writ petition under Article 226 of the Constitution of India, seeking

a writ of mandamus commanding the 1st respondent Taluk

Surveyor to conduct a survey of the property, as requested in

Ext.P4 representation dated 01.11.2020 and issue sketch to the

petitioner within a time frame to be fixed by this Court. The

petitioner has also sought for a writ of mandamus commanding

the 2nd respondent to conduct the survey and demarcation of the

property as requested in Ext.P5 and issue a sketch to the

petitioner within a time frame to be fixed by this Court.

2. During the pendency of this writ petition the petitioner

has submitted Exts.P6 and P7 applications dated 20.11.2020

before the additional 3rd respondent Tahsildar, Mannarkkad for

survey and demarcation of the aforesaid properties, after remitting

the requisite fee, as evidenced by Ext.P8 receipt dated WP(C).No.25023 OF 2020(C)

27.11.2020.

3. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for the respondents.

4. The learned counsel for the petitioner would submit that

Exts.P6 and P7 applications made by the petitioner in the

prescribed form, after remitting the requisite fee, are now pending

consideration before the additional 3rd respondent Tahsildar.

5. The learned Government Pleader would submit that the

additional 3rd respondent will consider and pass appropriate

orders on Exts.P6 and P7 applications, in case those applications

are in order, with notice to the petitioner and other affected

parties, if any, and after affording them an 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 additional 3rd respondent Tahsildar to consider and pass

appropriate orders on Exts.P6 and P7 applications made by the

petitioner, in case those applications are in order and the petitioner

has complied with the statutory requirements, with notice to the

petitioner and other affected parties, if any, and after affording WP(C).No.25023 OF 2020(C)

them an opportunity of being heard, within a period of two months

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 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 additional 3rd respondent Tahsildar 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.

Sd/-

                                       ANIL K.NARENDRAN
JV                                            JUDGE
 WP(C).No.25023 OF 2020(C)





                                APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE DOCUMENT NO.2444/85 OF
                            SRO, CHERPULASSERY.

EXHIBIT P2                  TRUE COPY OF THE DOCUMENT NO.3193/1985
                            DATED 14.6.1985.

EXHIBIT P3                  TRUE COPY OF THE DOCUMENT NO.3545/2008
                            OF SRO, MANNARKAD DATED 7.5.2008.

EXHIBIT P4                  TRUE COPY OF THE REPRESENTATION
                            SUBMITTED BY THE PETITIONER BEFORE THE
                            IST RESPONDENT DATED 1.11.2020.

EXHIBIT P5                  TRUE COPY OF THE REPRESENTATION
                            SUBMITTED BY THE PETITIONER BEFORE THE
                            2ND RESPONDENT DATED 1.11.2020.

EXHIBIT P6                  TRUE COPY OF THE APPLICATION FOR SURVEY
                            AND DEMARCATION SUBMITTED BEFORE THE

TAHSILDAR,(ADDITIONAL 3RD RESPONDENT) DATED 20/11/2020.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR SURVEY AND DEMARCATION SUBMITTED BEFORE THE TAHSILDAR,(ADDITIONAL 3RD RESPONDENT) DATED 20/11/2020.

EXHIBIT P8                  TRUE COPY OF THE CHALAN DATED
                            27/11/2020.