IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8212 of 2007(S)
1. SATHYAN MEMORIAL ARTS & SPORTS CLUB
... Petitioner
2. SHAMSUDHEEN, A.S.MANZIL,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE REGISTRATION INSPECTOR GENERAL,
3. THE DISTRICT REGISTRAR,
4. THE SUB REGISTRAR'S OFFICE,
5. KOTTAMKARA GRAMA PANCHAYATH,
For Petitioner :SRI.C.RAJENDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/06/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
W.P( C)No. 8212 OF 2007
...................................................................................
Dated this the 21st June, 2007
J U D G M E N T
H.L. Dattu, C.J.:
The first petitioner is a cultural organization registered under the
provisions of the Travancore Cochin Literary, Scientific and Charitable
Societies Registration Act. The second petitioner is an active member of
the first petitioner Society and also a public spirited citizen.
2. It is stated in the petition that the second petitioner had
surrendered his valuable immovable property to the State Government for
the purpose of construction of the Sub Registrar office, Kilikolloor. The
State Government has not taken any effective steps for the said
construction. Therefore, the petitioners are before us for a direction to
the respondents to take immediate steps for the construction of the Sub
Registrar Office, Kilikolloor in the property surrendered by the second
petitioner.
3. Learned Government Pleader was directed to get instruction
W.P( C)No. 8212 OF 2007
2
from the respondents. The respondents have filed a detailed statement
of objections . In the said statement of objections, they have stated that
they are not interested in the property surrendered by the second
petitioner. In fact, they want to take the property belongs to the Kollam
Corporation, since it is more suitable for the construction of the Sub
Registrar office, Kilikolloor.
4. We cannot direct the State Government to accept the land
offered by a private citizen for the purpose of construction of the Sub
Registrar Office. It is left to the choice of the State Government, either
to accept the offer or not to accept the offer. In the matters of this
nature, no mandamus can be issued.
5. Therefore, the reliefs sought for in this Writ Petition cannot be
granted. Accordingly, the Writ Petition requires to be rejected and it is
rejected.
6. The petitioners may make appropriate application before the
State Government to reconvey the property to the second petitioner. If
and when such an application is made, the State Government will take
effective steps to reconvey the property to the second petitioner, as early
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as possible.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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