Judicial directions on land assignment must be within the scope of the writ petition, and any extraneous observations cannot be upheld.

JUDGMENT

Anil K. Narendran, J.

The respondents in W.P.(C)No.27065 of 2015 are the appellants in this writ appeal, which is one filed invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 29.10.2015 of the learned Single Judge in that writ petition, which was one filed by the respondent herein-petitioner, namely, Sreemoolam Club and Library, Devikulam, seeking the following reliefs;

“(i) To call for the records relating to Exhibits P1 to P24 and to issue a Writ of Certiorari or any other appropriate Writ, direction or order, quashing or setting aside Exhibit P17 order of the 2^nd respondent refusing to grant NOC for renovation of Sreemoolam Club and Library, Munnar being arbitrary, illegal, unsustainable, unjustifiable and violation of the provisions of Kannan Devan Hills (resumption of lands) Act, 1971, and other relevant laws pertaining to the assignment of land and transfer of Registry Rules.

(ii) To issue a Writ of Mandamus or any other appropriate Writ Direction or order declaring that the petitioner is not duty bound to obtain separate NOC from the District Collector for Construction/Renovation of the Library Building in addition to the statutory permissions required from the local authorities and if in any case this Honourable Court is the opinion that such NOC is required, issue direction to grant the same, forth with.

(iii)To issue a Writ of Mandamus or any other appropriate Writ Direction or order declaring that the property in the name of Sreemoolam Club and Library is in the absolute ownership and possession of the Club and the provisions of Kannan Devan Hills (Resumption of lands) Act 1971 so far as vesting the same to the Government is not applicable in the case of the Petitioner.

(iv)To issue an interim order directing the 2^nd respondent to issue/grant NOC for construction/renovation of the Sreemoolam Club and Library, Munnar forthwith by keeping abeyance Exhibit P17 order for the time being, pending disposal of the Writ Petition (Civil).”

2. The issue raised in W.P.(C)No.27065 of 2015 was in respect of the reconstruction of the building of Sreemoolam Club and Library at Devikulam, situated in 50 cents of land comprised in Sy.No.20/2 of Kannan Devan Hills Village (KDH Village), in which there is an existing building having an extent of 2000 sq.ft. The document marked as Ext.P1 is a copy of the relevant extract of the Travancore Directory of 1940; Ext.P2 is a copy of certificate of affiliation dated 21.06.1997 issued by the Kerala State Library Council; Ext.P3 is a copy of the tax receipt dated 15.10.1991 in respect of the property in Thandapper Account No.2 of KDH Village; Ext.P4 is the relevant extract of Thandapper Account No.1 of KDH Village; Ext.P5 is a copy of certificate dated 20.01.2011 issued by the Deputy Tahsildar, KDH Village; Ext.P6 is a copy of the tax receipt dated 17.10.2012 in respect of Thandapper Account No.1 of KDH Village; Ext.P7 is a copy of the possession certificate 23.03.2012 issued by the Deputy Tahsildar, KDH Village.

3. The respondent-petitioner Club approached the 4^th respondent Tahsildar, Devikulam, by submitting Ext.P8 application dated 15.11.2012, seeking a No Objection Certificate for constructing a new building in the place of the existing building of Sreemoolam Club and Library, in the land having an extent of 50 cents in Sy.No.20/2 of KDH Village. By Ext.P9 letter dated 04.12.2012, a report was called for on the application made by the petitioner for NOC, which was submitted vide Ext.P10 report dated 19.12.2012. The said report was followed by Ext.P11 letter dated 28.12.2012 of the Additional Tahsildar, addressed to the Deputy Tahsildar, wherein it is stated that if the construction is for a public