Kerala High Court
Karunataka Yogam vs State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO.12596 OF 2022
PETITIONER:
KARUNATAKA YOGAM
REGISTERED NO: P-77/2004, PERINGOL, THIRUVALLA,
KAVUMBHAGAM.P.O, PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 689102
BY ADV T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS:
1 STATE OF KERALA, REVENUE( DEVASWOM) DEPARTMENT,
THIRUVANANTHAPURAM, SECRETARIAT, REPRESENTED BY ITS
SECRETARY, PIN - 695001
2 COMMISSIONER, TRAVANCORE DEVASWOM BOARD
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM ,
PIN - 695003
3 SPECIAL THAHSILDAR, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM ,
PIN - 695003
SRI.G.BIJU-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
W.P.(C) No.12596 of 2022
JUDGMENT
Anil K. Narendran, J
The petitioner has filed this writ petition under Article 226 of
the Constitution of India seeking a writ of certiorari to quash
Ext.P3 notice dated 04.02.2022, which is pasted on the building,
which is the subject matter of this writ petition, which is situated
in Survey No.24/1(Old No.433/5C) of Thiruvalla Village. The reliefs
sought for in this writ petition are writ of certiorari to quash
Ext.P3, if it relates to the petitioner's property in Survey No.24/1
(Old Sy.No.433/5C) of Thiruvalla Village; and a writ of mandamus
commanding the 3rd respondent to abstain from proceeding
against the property of the petitioner in Survey No.24/1 (Old
Sy.No.433/5C) of Thiruvalla Village; The document marked as
Exts.P4 is the objection stated to have been filed by the petitioner
on 20.02.2022 before the 3rd respondent, on Ext.P3 notice. The
petitioner would submit that the said objection is now pending
consideration before the 3rd respondent.
2. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for the 1st respondent and also
the learned counsel for respondents 2 and 3.
W.P.(C) No.12596 of 2022
3. The learned Standing Counsel for Travancore
Devaswom Board would submit that, in case Ext.P4 objection is
already received by the 3rd respondent, the said respondent shall
consider the same and pass appropriate orders thereon, within a
period of two weeks.
4. 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.
5. Having considered the submissions made by the learned
counsel on both sides, this writ petition is disposed of by directing
the 3rd respondent to consider Ext.P4 objections, by conducting a
personal hearing on 11th April 2022, and take an appropriate
decision strictly in accordance with law, as expeditiously as
W.P.(C) No.12596 of 2022
possible, at any rate, on or before 19th April 2022.
6. It is made clear that this Court has not interfered with in any
manner on Ext.P3 notice or expressed anything on the merits of
the objections raised by the petitioner in Ext.P4.
The writ petition is disposed of as above.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
PV
W.P.(C) No.12596 of 2022
APPENDIX OF WP(C) 12596/2022
PETITIONER'S EXHIBITS
Exhibit-P-1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF THE PETITIONER DATED 25.02.2004 ISSUED
FROM DISTRICT REGISTRAR,PATHANAMTHITTA
Exhibit-P-2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE
YEAR 2021-22 ISSUED FROM VILLAGE OFFICE,
THIRUVALLA DATED 17.02.2022
Exhibit-P-3 TRUE COPY OF THE NOTICE FOUND ATTACHED IN
THE BUILDING DATED 04.02.2022 I
Exhibit-P-4 TRUE COPY OF THE REPLY DATED 20.02.2022
THROUGH E MAIL BY THE PETITIONER TO THE
3RD RESPONDENT
