Point of Law: Court cannot issue a direction to Parliament or to the State Legislature to enact a particular kind of law.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner, claiming to be a social activist, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the State of Kerala to pay the pending dues of annuity since 2017 for the properties of Sree Padmanabhaswamy Temple, Thiruvananthapuram, which were vested with the Government under the provisions of the Kerala Land Reforms Act, 1963 or as per similar enactments, giving effect to the revision as directed in the judgment of this Court. The petitioner has also sought for a writ of mandamus commanding the State of Kerala to disburse the annuity, effecting revision thereof upwards by 25% every four years to meet the increase in the expenses due to inflation, with 12% per annum on delayed payment, within a time limit to be fixed by the Court.

2. On 09.12.2020, when this writ petition came up for consideration before the Division Bench of the Hon’ble the Chief Justice, Registry was directed to place the matter before the Division Bench dealing with Devaswom matters.

3. The petitioner has filed this writ petition with State of Kerala, Rep. by the Secretary, Parliamentary Affairs and Revenue (Devaswom) Department; State of Kerala, Rep. by the Principal Secretary, Revenue Department; State of Kerala, Rep. by the Chief Secretary; and Travancore Devaswom Board, Rep. by its Secretary as Respondents 1 to 4 in the party array.

4. The petitioner filed I.A.No.1 of 2021 seeking an order to delete respondent Nos.1, 2 and 4 from the party array. In the affidavit filed in support of that interlocutory application, it is stated that, since the petitioner is seeking direction against the 3rd respondent, respondents 1, 2 and 4 are not necessary parties and therefore, they may be deleted from the party array. By the order dated 02.11.2021, I.A.No.1 of 2021 was allowed and respondents 1, 2 and 4 were deleted from the party array, at the risk of the petitioner.

5. The petitioner has also filed I.A.No.2 of 2021 seeking an order to implead the Executive Officer, Sree Padmanabhaswamy Temple, as the additional 5th respondent. Since the description of the said respondent was not properly shown in the cause title of that interlocutory application, that application was dismissed, by the order dated 02.11.2021, and the Executive Officer, Sree Padmanabhaswamy Temple was suo motu impleaded as the additional 5th respondent.

6. On behalf of the 3rd respondent, counter affidavit dated 07.03.2022 has been sworn to by the Deputy Secretary, Revenue Department, wherein it is stated that the matter relating to payment of annuity is governed by the provisions under the Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971. Under Section 6(1) and (2) of the said Act, an amount of Rs.58,500/- has been sanctioned on annual basis. The annuity for the year 2019-20, though sanctioned, could not be paid due to Covid-19 lockdown, and the amount was surrendered on 10.05.2020. For disbursing the said amount, a request was made before the Secretary, Land Board, on 01.07.2021. The annuity payable till 2018-19 and that for the year 2020-21 has already been sanctioned and paid. The document marked as Ext.R3(a) is a copy of the communication dated 11.11.2021 of the District Collector, Thiruvananthapuram, addressed to the Secretary to Government, Revenue Department. In the counter affidavit filed on behalf of the 3rd respondent, it is stated that, the proposal to enhance the annuity payable to Sree Padmanabhaswamy Temple is under active consideration of the Government. In the year 2017, Bill No.51 was bought during 14th Kerala Legislative Assembly, in order to amend the Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971. The Bill could not be passed by the Assembly during the tenure of the 14th Kerala Legislative Assembly. That Bill lapsed under Article 196(5) of the Constitution of India, on the dissolution of the 14th Kerala Legislative Assembly. The process initiated