Biju. K vs The State Of Kerala
2021 Latest Caselaw 310 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                    WP(C).No.27544 OF 2020(P)

PETITIONERS:
       1     BIJU. K, AGED 39 YEARS
             S/O BALAKRISHNAN NAIR, KALLAZHI HOUSE,
             CHERUTHURUTHY P O, THRISSUR-679531,
             NOW RESIDING AT PUTHOOR HOUSE, MULLOORKKARA P O,
             THRISSUR DISTRICT-680583.

      2      DEEPA P, AGED 34 YEARS
             W/O BIJU K, KALLAZHI HOUSE, CHERUTHURUTHY P O,
             THRISSUR-679531, NOW RESIDING AT PUTHOOR HOUSE,
             MULLOORKKARA P O, THRISSUR DISTRICT-680583.

             BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENTS:
       1     THE STATE OF KERALA
             REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
             DEPARTMENT OF TAXES(E),
             GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2      THE DISTRICT COLLECTOR
             COLLECTORATE, CIVIL LANE,
             AYYANTHOLE PO, THRISSUR-680003.

      3      THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER,
             OFFICE OF THE RDO, COLLECTORATE, AYYANTHOLE,
             THRISSUR-680003.

      4      THE TAHSILDAR
             TALAPPILLY TALUK, TALUK OFFICE,
             WADAKANCHERY PO, THRISSUR DISTRICT-680582.

      5      VILLAGE OFFICER
             MULLOORKKARA , P O MULLOORKKARA,
             THRISSUR DISTRICT-680583.

      6      THE SUB REGISTRAR
             OFFICE OF THE SUB REGISTRAR, CHELAKKARA P O,
             THRISSUR-680586.

             BY SMT VIDHYA A.C- GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27544 OF 2020(P)

                                  2




                            JUDGMENT

Petitioners, who are the owners of 20 cents of land in Re-

Survey Sub-Division No.414/1 in Mulloorkkara Village of Talappilly

Taluk in Thrissur District, out of 30 cents covered by Ext.P1 sale

deed bearing No.1780/2008 dated 17.06.2008 of the Sub Registrar

Office, Chelakkara, has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of mandamus commanding

respondents 4 and 5 to submit reports to the 2 nd respondent

forthwith to enable the 2nd respondent to consider and dispose of

Ext.P3 appeal filed against the notification of land value issued

under Section 28A of the Kerala Stamp Act, 1959; a writ of

mandamus commanding the 2nd respondent to consider and dispose

of Ext.P3 appeal after hearing the petitioners within a time limit,

taking into account the reports filed by respondents 4 and 5 in the

matter; and a writ of mandamus commanding the 2nd respondent to

consider and dispose of Ext.P3 appeal taking into account the fact

that Ext.P1 property is classified as "garden land without vehicular

access" and directing to revise the fair value in accordance with the

above classification and to issue an erratum notification to that

effect.

WP(C).No.27544 OF 2020(P)

2. Heard the learned counsel for the petitioners and the

learned Government Pleader appearing for the respondents.

3. Against the notification fixing the land value under

Section 28A of the Kerala Stamp Act, the petitioners filed Ext.P3

appeal before the 2nd respondent District Collector, which is pending

consideration. In Ext.P2 appeal, the 5th respondent submitted

Ext.P5 mahazar dated 11.05.2020 and Ext.P6 report dated

17.08.2020.

4. The learned Government Pleader would submit that if

Ext.P3 appeal filed by the petitioners is in order and the same is

pending consideration, the 2nd respondent will consider the same

and pass appropriate orders thereon, within a time limit to be

specified by this Court.

5. The learned counsel for the petitioners would submit

that consideration of Ext.P3 appeal may be with notice to the

petitioners 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 2nd respondent to consider and pass appropriate orders on

Ext.P3 appeal filed by the petitioners, if that appeal is in order and WP(C).No.27544 OF 2020(P)

the same is pending consideration, after affording them an

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

rate, within a period of one month 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 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.

Sd/-

                                           ANIL K.NARENDRAN
JV                                                JUDGE
 WP(C).No.27544 OF 2020(P)






                                APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE TITLE DEED NO.1780/2008
                            17.06.2008 OF SRO CHELAKKARA.

EXHIBIT P2                  TRUE COPY OF NOTIFICATION ISSUED BY THE
                            3RD RESPONDENT DATED 27.08.2016.

EXHIBIT P3                  TRUE COPY OF APPEAL FILED BY THE

PETITIONERS TO THE 2ND RESPONDENT DATED 25.01.2020 UNDER SEC 28A (4) OF THE KERALA STAMP ACT, IN FORM NO.B IN RULE 5(V).

EXHIBIT P4 TRUE COPY OF INTIMATION DATED 28.01.2020 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P5 TRUE COPY OF MAHAZAR DATED 11.05.2020 SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF REPORT DATED 17.08.2020 SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF LETTER DATED 14.09.2020 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.