P.P. Subramanian v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942** ## **WP(C).No.1182 OF 2021(W)** ## **PETITIONER :** **P.P.SUBRAMANIAN,AGED 60 YEARS S/O. PENGAN, PULLUPARAMBIL VEEDU, HOUSE NO. 43/20, KATTIKKARAKUNNU, P.O, ASHTAMICHIRA, THRISSUR DISTRICT, PIN - 680731.** **BY ADVS. SMT.M.R.JAYALATHA SMT.K.VINAYA** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.** - **2 THE DISTRICT COLLECTOR CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003.** **3 TALUK ASSIGNMENT COMMITTEE, REPRESENTED BY THE TAHSILDAR, CHALAKUDY TALUK OFFICE, MINI CIVIL STATION, CHALAKUDY P.O, THRISSUR DISTRICT, PIN - 680307.** - **4 THE TAHSILDAR, CHALAKUDY TALUK, MINI CIVIL STATION, CHALAKUDY P.O, THRISSUR DISTRICT, PIN - 680307.** - **5 THE VILLAGE OFFICER, VADAKKUMBHAGAM VILLAGE, VADAMA P.O, TRISSUR DISTRICT, PIN - 680732.** -2- WP(C).No.1182 OF 2021(W) **BY SMT A.C.VIDHYA- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- WP(C).No.1182 OF 2021(W) ## **JUDGMENT** The petitioner, who is stated to be in occupation of 33 cents of land in Survey No.609/9 of Vadakkumbhagam Village, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 and 4 to take urgent steps for issuing land assignment patta, as sought for in Ext.P3 application dated 05.10.2019, within a time limit to be fixed by this Court. The petitioner has also sought for a declaration that he is entitled to get land assignment patta with respect to the above land under, Rule 9 of the Kerala Land Assignment Rules, 1964. The document marked as Ext.P4 is a communication dated 04.11.2020 issued by the Secretary of Mala Grama Panchayat, which is based on Ext.P4(a) decision taken by the Grama Panchayat on 13.10.2020. 2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. 3. The Kerala Land Assignment Act, 1960 is enacted to provide for the assignment of Government land. Section 3 of the Act deals with assignment of Government land and -4- WP(C).No.1182 OF 2021(W) Section 4 deals with the procedure to be followed before Government lands are assigned. Section 5 deals with order of assignment. 4. In exercise of the powers under Section 7 of the Kerala Land Assignment Act and in supersession of Rules for assignment of Government lands, issued under notifications I and II G.O(P).No.1029/Rev. dated 18.10.1958 published in the Kerala Gazette Extra Ordinary No.107, the Government of Kerala made the Kerala Land Assignment Rules, 1964 for assignment of Government lands. As per Rule 4, which deals with purposes for which land may be assigned, the Government lands may be assigned on registry for the purpose of personal cultivation, house sites and beneficial enjoyment of adjourning registered holdings. 5. Rule 5 of the Rules deals with maximum limits to be assigned for cultivation; Rule 6 deals with assignment for house site and for beneficial enjoyment; Rule 7 deals with priority to be observed in assignment; Rule 7A deals with preference to kumkidars. Rule 8 deals with conditions of assignment on registry; and Rule 9 deals with collection of arrears of Government dues and issue of provisional patta. WP(C).No.1182 OF 2021(W) -5- 6. In **Varghese Abraham v. State of Kerala, Revenue Department and others [2007 (3) KHC 365]** , a Division Bench of this Court held that various provisions in the Kerala Land Assignment Act and the Kerala Land Assignment Rules would unmistakably show that the Act and the Rules are made to protect the landless people by assigning them Government lands for cultivation and other purposes. The provisions under the Act and the Rules are not intended for enriching persons who hold extensive lands. Assignment on registry of Government lands to such persons would defeat the very purpose of the Act and the Rules. The Division Bench held further that, there is no vested right in any person to claim assignment on registry of Government land. 7. The learned Government Pleader would submit that the 4[th] respondent Tahsildar will consider and pass appropriate orders on Ext.P3 application made by the petitioner, within a time limit to be fixed by this Court. 8. The learned counsel for the petitioner would submit that consideration of Ext.P3 application may be with notice to the petitioner and after affording him an opportunity of being heard. -6- WP(C).No.1182 OF 2021(W) 9. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of directing the 4[th] respondent Tahsildar to consider Ext.P3 application made by the petitioner and pass appropriate orders thereon, strictly in accordance with law, 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. 10. 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. -7- WP(C).No.1182 OF 2021(W) Therefore, in terms of the direction contained in this judgment, the 4[th] respondent Tahsildar shall take an appropriate decision on 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/15/1 -8- WP(C).No.1182 OF 2021(W) ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE AADHAR CARD, ISSUED TO THE PETITIONER** **EXHIBIT P1(a) A TRUE COPY OF THE ELECTION ID ISSUED TO THE PETITIONER.** **EXHIBIT P1(b) A TRUE COPY OF THE RATION CARD NO. 1843055901 DATED 24.12.2008.** **EXHIBIT P1(c) A TRUE COPY OF THE RATION CARD NO.1875006832 DATED 15.03.2017 ISSUED SARASAMMA SUBRAMANINAN (WIFE OF THE PETITIONER)** **EXHIBIT P1(d) A TRUE COPY OF THE ELECTRICITY BILL WITH RESPECT TO THE PETITIONERS BUILDING DATED 11.11.2020.** **EXHIBIT P1(e) A TRUE COPY OF THE WATER BILL IN RESPECT OF PETITIONER'S BUILDING DATED 09.07.2018. EXHIBIT P1(f) A TRUE COPY OF THE BSNL BILL WITH RESPECT TO PETITIONERS BUILDING DATED 08.03.2018.** **EXHIBIT P1(g) A TRUE COPY OF THE PASSBOOK ISSUED BY BHARATH GAS TO THE PETITIONER.** - **EXHIBIT P1(h) A TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST OF MALA GRAMA PANCHAYAT.** - **EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 23.09.2014 ISSUED BY MALA GRAMA PANCHAYAT.** **EXHIBIT P2(a) A TRUE COPY OF THE BUILDING TAX RECEIPTS ISSUED BY MALA GRAMA PANCHAYAT.** -9- WP(C).No.1182 OF 2021(W) **EXHIBIT P3 A TRUE COPY OF THE APPLICATION IN THE PRESCRIBED FORM FOR ASSIGNMENT OF LAND DATED 5.10.2019 ALONG WITH TYPED COPY. EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 04.11.2020 EXHIBIT P4(a) A TRUE COPY OF THE DECISION OF THE MALA GRAMA PANCHAYATH DATED 13.10.2020.**