Manuel Vincent vs District Collector
2021 Latest Caselaw 2605 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.107 OF 2021(K)


PETITIONER :

               MANUEL VINCENT
               AGED 62 YEARS
               S/O.K.T.MANUEL, KARTHEDOM, KATTASSERY HOUSE,
               MALIPPURAM P.O., KOCHI - 682 511.

               BY ADV. SRI.DENIZEN KOMATH

RESPONDENTS:

       1       DISTRICT COLLECTOR
               COLLECTORATE, ERNAKULAM, KAKKANAD, ERNAKULAM -
               682 030.

*      2       TALUK TAHASILDAR
               TALUK OFFICE, KOCHI - 682 001.

               IS SUO MOTU CORRECTED AS

               TAHSILDAR (LR), TALUK OFFICE, KOCHI-682 001.

       3       VILLAGE OFFICER
               ELAMKUNNAPUZHA VILLAGE, ERNAKULAM - 682 011.


               R BY SR.GP - SMT. AMMINIKUTTY

     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.107 OF 2021(K)


                           JUDGMENT

The petitioner, who obtained title over a property having

an extent of 5 cents of land in Survey No.538/2 with building

bearing Door No.XV/288A in the year 1997, has filed this writ

petition under Article 226 of the Constitution of India, seeking

a writ of mandamus commanding the 2nd respondent Tahsildar

(LR), Kochi to effect transfer of Registry of the said property

covered by Ext.P1 document No.3286/1997 of SRO, Njarakkal

and complete all formalities thereon to effect such transfer of

registry, within a time limit to be fixed by this Court. The

petitioner has also sought for a writ of mandamus

commanding the 2nd respondent to dispose of Ext.P2 request

made by the petitioner for transferring the registry of his land.

2. On 05.01.2021, when this writ petition came up for

admission, the learned Government Pleader sought time to

get instructions.

3. Today, when the writ petition is taken up for

consideration, the learned Senior Government Pleader would

submit that the 2nd respondent requires three months' time to

WP(C).No.107 OF 2021(K)

consider and pass orders on Ext.P2 application made by the

petitioner for transfer of registry.

4. The learned counsel for the petitioner would submit

that the petitioner may be granted an opportunity of being

heard at the time of consideration of Ext.P2 application by the

2nd respondent Tahsildar(LR).

5. Having considered the submissions made by the

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

directing the 2nd respondent Tahsildar (LR) to consider Ext.P2

application made by the petitioner and take an appropriate

decision, with notice to the petitioner and after affording him

an opportunity of being heard, as expeditiously as possible, at

any rate, within a period of three months from the date of

receipt of a certified copy of this judgment, after complying

with the statutory requirements.

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.

WP(C).No.107 OF 2021(K)

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.

7. Therefore, in terms of the direction contained in

this judgment, the 2nd 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, JUDGE

AV/27/1

WP(C).No.107 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE DOCUMENT NO.3286/97 OF SRO NJARAKKAL.

EXHIBIT P2 TRUE PHOTOCOPY OF THE REQUEST PREFERRED BY THE PETITIONER FOR TRANSFERRING REGISTRY OF HIS LAND.

EXHIBIT P2A TRUE PHOTOCOPY OF THE POSTAL RECEIPT.