P.T. Joy vs Tahsildar
2021 Latest Caselaw 572 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      W.P.(C) No.23139 OF 2020(N)

PETITIONER:

               P.T. JOY,
               AGED 59 YEARS, S/O. LATE P.V.VARKEY,
               OTHANIKKATT HOUSE,
               ST.FRANCIS XAVIERS CHURCH ROAD,
               ERNAKULAM NORTH P.O., KOCHI-18.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SMT.K.S.ARCHANA

RESPONDENTS:

      1        TAHSILDAR,
               TALUK OFFICE, PARAVUR, PARAVUR P.O.,
               ERNAKULAM DISTRICT, PIN-683 513.

      2        TALUK SURVEYOR,
               PARAVUR TALUK, PARAVUR P.O.,
               ERNAKULAM DISTRICT, PIN-683 513.

      3        EZHIKKARA GRAMA PANCHAYATH,
               EZHIKKARA P.O., PARAVUR TALUK,
               ERNAKULAM DISTRICT, PIN-683 513
               REPRESENTED BY ITS SECRETARY.

      4        AGRICULTURAL OFFICER,
               KRISHI BHAVAN, EZHIKKARA,
               EZHIKKARA P.O., PARAVUR-VIA,
               ERNAKULAM DISTRICT, PIN-683 513.

      5        VILLAGE OFFICER,
               EZHIKKARA VILLAGE, EZHIKKARA P.O.,
               PARAVUR TALUK, ERNAKULAM DISTRICT,
               PIN-683 513.

      R3       BY ADV. SRI.M.SASINDRAN

      R1,R2, SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
      R4&R5

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.23139 OF 2020(N)
                                 -2-



                              JUDGMENT

The petitioner, who is the owner of property having an extent

of 49.77 Ares (122.98 cents) in Survey Nos.87/16, 87/15, 87/14,

87/13, 87/12B, 87/19-3, 87/19-2, 87/10, 87/21-3, 87/9, 87/23-2,

87/7, 87/22, 87/22-2, 87/20, 87/18-2, 87/2 and 87/3 of Ezhikkara

Village, covered by Ext.P1 sale deed No.2009/2020 of the Sub

Registrar Office, North Paravur, has filed this writ petition under

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

mandamus commanding respondents 1 and 2 to cause the re-

fixation of the boundaries of the property covered in Ext.P1 sale

deed, forthwith, at any rate, within 05.11.2020, for enabling the

petitioner to commence the aqua farming in the 1 st week of

November, 2020.

2. On 19.11.2020, when this writ petition came up for

consideration, this Court issued notice before admission to the

respondents. The learned Government Pleader took notice for

respondents 1, 2, 4 and 5 and urgent notice by special messenger

was ordered to the 3rd respondent.

3. On 04.01.2021, the petitioner has filed I.A.No.1 of

2021, seeking an order to accept additional documents as

Exts.P4(a), P5 and P6. The document marked as Ext.P5 is a copy W.P.(C) No.23139 OF 2020(N)

of the application dated 31.12.2020 submitted by the petitioner

before the 1st respondent Tahsildar, for demarcation and survey of

his registered holding covered by Ext.P1. The document marked as

Ext.P6 is a copy of the receipt issued by the 1st respondent, on

01.01.2020.

4. Heard the learned counsel for the petitioner, the learned

Senior Government Pleader appearing for respondents 1, 2, 4 and

5 and also the learned counsel for the 3 rd respondent Ezhikkara

Grama Panchayat.

5. During the course of arguments, the learned counsel for

the petitioner would confine the relief sought for in this writ

petition as one for early disposal of Ext.P5 application before the

1st respondent Tahsildar for demarcation and survey of the

property covered by Ext.P1 sale deed, within a time limit to be

specified by this Court.

6. Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of by directing

the 1st respondent to consider Ext.P5 application made by the

petitioner, with notice to the petitioner, the Secretary of the 3 rd

respondent Grama Panchayat and any other affected persons and

take an appropriate decision, as expeditiously as possible, at any W.P.(C) No.23139 OF 2020(N)

rate, 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, the direction contained in this judgment to the 1 st

respondent Tahsildar to consider Ext.P5 application made by the

petitioner is for taking an appropriate decision on that application,

strictly in accordance with law, taking note of the relevant

statutory provisions and also the law on the point.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.23139 OF 2020(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.2009/2020 DATED 6.10.2020 OF SUB REGISTRY PARAVUR.

EXHIBIT P2 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 20.10.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 16.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P4(a) TRUE COPY OF THE REPLY DATED 12.11.2020 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 31.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, IN FORM 8, ATTACHED TO THE KERALA SURVEY AND BOUNDARIES RULES, 1964.

EXHIBIT P6 TRUE COPY OF THE RECEIPT NO.11/2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL