C.V.Elias vs State Of Kerala
2021 Latest Caselaw 2573 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                   WP(C).No.856 OF 2021(F)


PETITIONER:

              C.V.ELIAS
              AGED 62 YEARS
              S/O. LATE VARGHESE,
              CHANDANASSERIL, PARAKKADAVU, KATTAPPANA P.O.
              IDUKKI DISTRICT 685 508.

              BY ADV. SRI.VARGHESE C.KURIAKOSE

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE
              SECRETARIAT, TRIVANDRUM, 695 01.

     2        THE DISTRICT COLLECTOR,
              IDUKKI DISTRICT, CIVIL STATION, KUYILIMALA,
              PAINAVU, IDUKKI 685 603.

     3        THE TAHSILDAR,
              IDUKKI TALUK, TALUK OFFICE, IDUKKI 685 584.

     4        THE SPECIAL TAHSILDR (LA),
              O/O THE SPECIAL TAHSILDAR (LA), KATTAPPANA 685
              508.


              R BY GP - SMT. VIDHYA

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 22.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
                                -2-
WP(C).No.856 OF 2021(F)


                          JUDGMENT

The petitioner, who is in ownership and possession of 1

Acre and 60 cents of land comprised in Re.Sy.No.17 in Block

No.60 of Kattappana Village, covered by Ext.P1 document of

transfer dated 06.06.1996, has filed this writ petition under

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

mandamus commanding the 4th respondent Special Tahsildar

(LA), Kattappana to take up Ext.P2 application and conclude

the proceedings by disposing of the same on merits after

hearing the petitioner, within a time frame to be fixed by this

Court. The petitioner has also sought for a writ of mandamus

commanding respondents 2 to 4 or the concerned among

them to take up Ext.P5 application dated 15.12.2020 and

make necessary arrangements for an early disposal of the

pending application for assignment reflected in Ext.P2, which

proceedings are initiated through file No.1122/2010 on the

files of the 4th respondent.

2. On 13.01.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to

get instructions as to whether Ext.P2 application made by the

WP(C).No.856 OF 2021(F)

petitioner is still pending consideration and also the time limit

required for final disposal of the same.

3. Heard the learned counsel for the petitioner and

also the learned Government Pleader appearing for the

respondents.

4. The Kerala Land Assignment Act, 1960 is enacted

to provide for the assignment of Government land. Section 3

of the Act deals with assignment of Government land and

Section 4 deals with the procedure to be followed before

Government lands are assigned. Section 5 deals with order of

assignment.

5. In exercise of the powers under Section 7 of the

Kerala Land Assignment Act and in supersession of Rules for

assignment of Government lands, issued under notifications I

and II G.O(P).No.1029/Rev. dated 18.10.1958 published in

the Kerala Gazette Extra Ordinary No.107, the Government of

Kerala made the Kerala Land Assignment Rules, 1964 for

assignment of Government lands. As per Rule 4, which deals

with purposes for which land may be assigned, the

Government lands may be assigned on registry for the

purpose of personal cultivation, house sites and beneficial

WP(C).No.856 OF 2021(F)

enjoyment of adjourning registered holdings.

6. Rule 5 of the Rules deals with maximum limits to

be assigned for cultivation; Rule 6 deals with assignment for

house site and for beneficial enjoyment; Rule 7 deals with

priority to be observed in assignment; Rule 7A deals with

preference to kumkidars. Rule 8 deals with conditions of

assignment on registry; and Rule 9 deals with collection of

arrears of Government dues and issue of provisional patta.

7. The learned Government Pleader, on instructions,

would submit that the 4th respondent has already conducted a

personal hearing on 13.01.2021 and that, he shall pass

appropriate orders on Ext.P2 application within a period of two

weeks.

8. The learned counsel for the petitioner would submit

that the petitioner has already attended the personal hearing

on 13.01.2021.

9. Having considered the submissions made by the

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

directing the 4th respondent Special Tahsildar (LA) to pass

appropriate orders on Ext.P2 application made by the

petitioner for assignment of land, as expeditiously as possible,

WP(C).No.856 OF 2021(F)

at any rate, within a period of two weeks from the date of

receipt of a certified copy of this judgment.

10. 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 4th respondent Special Tahsildar (LA) 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, JUDGE

AV/27/1

WP(C).No.856 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DOCUMENT OF TRANSFER DATED 06.06.1996 EXECUTED BY GOPINATHAN.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND SUBMITTED TO THE OFFICE OF THE 4TH RESPONDENT DATED 04.12.2010.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DIRECTING APPEARANCE ON 09.11.2011 WHICH WAS SERVED ON 31.10.2011.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 06.10.2015 ISSUED BY SURVEYOR, ATTACHED TO THE OFFICE OF THE 4TH RESPONDENT.

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2020 SUBMITTED TO RESPONDENT NO. 2 TO 4 .

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY HE 2ND RESPONDENT DATED 18.12.2020.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIP PERTAINING TO ISSUANCE OF EXT. P5 TO THE RESPONDENTS NO. 2 TO 4 DATED 16.12.2020.