Mandamus cannot direct authorities to act contrary to law; they must adhere to statutory procedures in decision-making.

JUDGMENT

The petitioner, who is in possession of property having an extent of 0.9146 hectares comprised in Survey No.71/1 of Block No.16 of Kuppadi Village of Sulthan Bathery Taluk covered by gift deed No.4073/1978 dated 19.08.1978 of the Sub Registrar Office, Sulthan Bathery, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 4 to complete the survey and measurement of his property, as expeditiously as possible, within a time frame fixed by this Court.

2. On 03.07.2021, when this writ petition came up for admission, notice before admission was ordered to the respondents. The learned Government Pleader took notice for respondents 1 to 5. Petitioner was directed to take out notice for respondents 6 to 8 and he was directed to produce proof of service of notice before Registry,within a week.

3. The 6th respondent has filed a counter affidavit, opposing the reliefs sought for in this writ petition. The 2nd respondent has filed a statement dated 22.03.2021.

4. Along with I.A. No.3 of 2021, the petitioner has placed on record a copy of the application filed before the 2nd respondent Tahsildar (LR) invoking the provisions under Rule 43 of the Kerala Survey and Boundaries Act, 1964 .

5. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 5 and also the learned counsel for the 6th respondent.

6. Though various contentions have been raised in the counter affidavit filed by the 6th respondent, since the reliefs sought for in this writ petition is only consideration of the application made by the petitioner under Rule 43 of the Kerala Survey and Boundaries Rules, 1964, this Court deem it appropriate to dispose of this writ petition, leaving open the rival contentions made by the petitioner and the 6th respondent.

7. In such circumstances, this writ petition is disposed of by directing the 2nd respondent to dispose of the application made by the petitioner, invoking the provisions under Rule 43 of the Kerala Survey and Boundaries Rules, 1964, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, with notice to the petitioner, respondents 6 to 8 and other affected parties, if any.

8. 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.

9. Therefore, in terms of the direction contained in this judgment, the 2nd respondent shall dispose of the application made by the petitioner, strictly in accordance with law, taking note of the relevant statutory provisions and also the law on the point.

No order as to costs.

Sd/-

ANIL K. NARENDRAN JUDGE MIN APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE O.S.NO.280/2019 FILED BY THE 6TH RESPONDENT ON THE FILES OF THE LEARNED MUNSIFF-MAGISTRATE, SULTHAN BATHERY.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED

13.12.2019 IN I.A.NO.1542/2019 IN O.S.280/2019 ON THE FILES OF LEARNED MUNSIFF-MAGISTRATE, SULTHAN BATHERY.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT DATED

16.12.2019.

EXHIBIT P4 A TRUE COPY OF THE LETTER DATED

19.12.2019 ADDRESSED TO THE 2ND RESPONDENT BY THE 5TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER DATED 1.1.2020 IN I.A.NO.1542/2019 IN O.S.280/2019.

EXHIBIT P6 A TRUE COPY OF THE CHALAN DATED

10.1.2020.

EXHIBIT P7 A TRUE COPY OF THE FORM NO.12 DATED NIL ISSUED BY THE 4TH RESP