Kerala High Court
Sunil Kumar vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
W.P.(C) No.24740 OF 2020(N)
PETITIONER/S:
SUNIL KUMAR
S/O NATARAJAN, KOLLAMPARAMBIL (H), KANNIMANGALAM P O,
THRISSUR DISTRICT-680027.
BY ADVS.
SMT.M.R.JAYALATHA
SMT.K.VINAYA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DISTRICT COLLECTOR
THRISSUR,
CIVIL STATION, AYYANTHOLE,
THRISSUR DISTRICT-680003.
3 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT-680003.
4 TAHSILDAR (LR)
TALUK OFFICE THRISSUR, CHEMBUKAVU, THRISSUR P.O.,
THRISSUR DISTRICT-680020.
5 THE VILLAGE OFFICER,
EDAKUNNI VILLAGE,
THRISSUR TALUK,
THIRSSUR DISTRICT - 680306
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24740 OF 2020(N)
2
JUDGMENT
The petitioner, who is stated to be the absolute owner in
possession of 2.02 ares of land in Re.Survey No.56/23 (old Survey
No.240/2) of Edakunni Village of Thrissur Taluk covered by Sale
deed bearing No.1482/1/2019 of the Sub Registrar Office,
Cherppu, has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding
the 4th respondent Tahsildar (LR), Thrissur to consider and pass
orders on Ext.P7 application dated 02.11.2020 submitted under
Section 6A of the Kerala Land Tax Act, 1961, within a time limit
fixed by this Court. The petitioner has also sought for a writ of
mandamus commanding the 5th respondent Village Officer to make
additional entries in the Basic Tax Register and Thandaper Account
to change the classification of the property comprised in Re.Survey
No. 56/23 (old Survey No.240/2) as dry land (Purayidom).
2. On 13.11.2020, 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 Government Pleader appearing for the respondents.
4. The grievance of the petitioner is the delay in
W.P.(C) No.24740 OF 2020(N)
consideration of Ext.P7 application dated 02.11.2020 made before
the 4th respondent Tahsildar (LR), which is one made under Section
6A of the Kerala Land Tax Act, to reassess the land tax in respect
of the aforesaid property.
5. The learned Government Pleader would submit that
the 4th respondent will consider and take an appropriate decision
on Ext.P7 application dated 02.11.2020, within a time limit to be
fixed by this Court.
6. The learned counsel for the petitioner would submit that
the consideration of that application may be with a notice to the
petitioner.
7. Having considered the submission made by the learned
counsel on both sides, this writ petition is disposed of by directing
the 4th respondent Tahsildar (LR) to consider and pass appropriate
orders on Ext.P7 application dated 02.11.2020 made by the
petitioner, as expeditiously as possible, at any rate, within a period
of two months from the date of receipt of a certified copy of this
judgment.
8. 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
W.P.(C) No.24740 OF 2020(N)
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.
9. Therefore, in terms of the direction contained in this
judgment, the 4th 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
MIN
W.P.(C) No.24740 OF 2020(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF
DOCUMENT NO.1482/1/2019 DATED 20.7.2019.
EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER EDAKUNNI
DATED 12.5.2020.
EXHIBIT P3 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER DATED 2.9.2019.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS RDO
THRISSUR DATED 12.4.1996.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK PUBLISHED BY THE LOCAL LEVEL
MONITORING COMMITTEE.
EXHIBIT P6 A TRUE COPY OF THE BUILDING PERMIT DATED
3.1.2020.
EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED
2.11.2020.
