Writ of mandamus cannot compel action on unauthorized constructions in protected areas without requisite permissions, confirming the necessity for compliance with statutory duties.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who claims to be in possession and enjoyment of 16.47 Ares (40.68 cents) of Government Puramboke in Sy.No.34/1 of Chinnakanal Village from 14.05.2024, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 4^th respondent Range Forest Officer, Devikulam Range, to issue No Objection Certificate, forthwith to the 1^st respondent Kerala State Electricity Board, Electrical Section, Rajakumari; and a writ of mandamus commanding the 1^st respondent Board to provide approval for electricity connection to the building located in the said land forthwith.

2. The averments in paragraphs 1 and 2 of the writ petition regarding the possession and enjoyment of the aforesaid land by the petitioner, read thus;

“1. Petitioner is in possession and enjoyment of 16.47 Ares (40.68 cents) of Government puramboke land in Survey No. 34/1 of 2^nd respondent village office from 14.05.2024. A true copy of the BTR issued by the 2^nd respondent dated nil is produced herewith and marked as Ext.P1. A true copy of the tax receipt dated 21.08.2024 issued by the 2^nd respondent is produced herewith and marked as Ext.P2.

2. Petitioner had purchased this land for doing cardamom farming. For the same, he had to build a small 350 Sq.ft. temporary steel structure for the purpose of storage, light, motor, temporary shelter for the person looking after the land, etc. It is needless to say that for cardamom farming, water is required in high quantity. The temporary building structure was erected, and the same was numbered 150/UA in ward 9 of the 3^rd respondent Panchayat. A true copy of the ownership certificate issued by the 3^rd respondent Panchayat dated 07.08.2024 is produced herewith and marked as Ext.P3. A true copy of the building tax receipt issued by the 3^rd respondent Panchayat with respect to building No.150/UA in ward 9 of the 3^rd respondent Panchayat dated 14.06.2024 is produced herewith and marked as Ext.P4.”

3. On 13.09.2024, when this writ petition came up for consideration, the matter was directed to be placed before the Division Bench dealing with matters relating to the land in Munnar Region, after obtaining orders of the Honourable the Acting Chief Justice. Thereafter, this writ petition was listed before this Division Bench.

4. On 30.09.2024, when this writ petition came up for consideration, after arguing for some time, the learned counsel for the petitioner sought time to file an application to implead the State of Kerala, represented by the Principal Secretary to Government, Revenue Department and the District Collector, Idukki District as additional respondents. On a query made by this Court, the learned counsel for the petitioner submitted that the building in question was constructed in June 2024, without obtaining a building permit from the Secretary of Chinnakanal Grama Panchayat.

5. By the order dated 22.10.2024 in I.A.No.1 of 2024, State of Kerala, represented by the Principal Secretary to Government, Revenue Department and the District Collector, Idukki were impleaded as additional respondents 5 and 6. The learned Special Government Pleader sought time to get instructions and file a counter affidavit of the 4^th respondent Forest Range Officer, Devikulam.

6. The 4^th respondent has filed a counter affidavit dated 03.12.2024, opposing the reliefs sought for in this writ petition, producing therewith Ext.R4(a) to R4(c) documents. In paragraph 8 of that counter affidavit, the 4^th respondent pointed out that the document marked as Ext.P2 is not a tax receipt, as st