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8. In order to issue work order for the proposed LPG Storage and Bottling facility, by the 2nd respondent Deputy General Manager of Indian Oil Corporation Ltd., the petitioner has to produce Zone Certificate from the Revenue Officer; Government land extract from Revenue Department; and Final Land Conversion Certificate or No Objection Certificate, stating that land conversion is not required as the land offered is dry land. The petitioner filed Ext.P10 application dated 14.05.2019 before the 1st respondent Revenue Divisional Officer, with a request to grant certificate to the effect that the land in question having an extent of 5 Acres is purayidam/garden land and not an agricultural land. He has also submitted Ext.P11 application before the 3 rd respondent Village Officer with similar request. Now the petitioner is before this Court in this writ petition seeking various reliefs, alleging inaction on the part of the revenue authorities in issuing the certificates, as sought for in Exts.P10 and P11.

9. A statement has been filed by the 1 st respondent, wherein it has been pointed out that the Revenue Divisional Officer is not authorised to issue Zone Certificate. An extract of the Basic Tax Register has already been issued to the petitioner by the 3rd respondent Village Officer, which is placed on record as Ext.P2. The Revenue Divisional Officer is also not authorised to issue Final Land Conversion Certificate. Since the property is garden land, there is no provision to process the application made by the petitioner under the Kerala Conservation of Paddy Land and Wetland Act, 2008. As far as no objection certificate is concerned, as per Gas Cylinders Rules, the competent authority for issuing no objection certificate for LPG Storage and Bottling Plant is the District Magistrate or the Additional District Magistrate. Upon receipt of Ext.P10 application, the 1 st respondent forwarded the same to the Tahsildar, Ernad for getting a report, along with connected land documents. Since the application is in respect of the proposed LPG Storage and Bottling Plant, it was forwarded to the District Magistrate for further action. However, the District Magistrate sent it back, stating that it deals with conversion of land, since the request made in that application is for Land Conversion Certificate. In the meanwhile, a complaint by Janakeeya Prathirodha Samithi, Koomankulam was received in the office of the 1 st respondent against the LPG Storage and Bottling Plant, on 12.03.2019, and an enquiry on that complaint is being conducted by the Tahsildar, Ernad.

16. It is specified in Ext.P7 tender notification that, in case any State or Union Territory has any specific clauses relating to 'land use conversion', land lease period, restriction on sale/lease transactions, etc. the same shall be adhered to by the Oil Marketing Companies as well as by the bidder. The bidder has to produce the necessary notification issued by the State Government or appropriate authorities regarding such restrictions. In all cases, wherever such rules exist for land purchase or long term lease, wherein there is a restriction on transfer of their rights, or mortgage or lease for any period, the subject rules shall take priority and relaxation shall be made available to the bidder as per statutes. Any responsibility on compliance of acts, rules and regulations pertaining to the land shall be the responsibility of the bidder, who shall keep Oil Marketing Company indemnified against any losses on this account. In the case of any action by District Administrator or State Government, leading to temporary or permanent closure of facilities later at any stage, the Oil Marketing Company shall not be obliged to make any intervention. In such cases, the bidders shall not be allowed to provide offer for alternate facility utilisation and the Oil Marketing Company shall recover any losses that may accrue in view of loss of product/equipment or idling of material provided to the bidder from the available Earnest Money Deposit, Security Deposit or Outstanding payments.

26. 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.

27. Officers in the Revenue Department are authorised to issue various certificates in respect of a landed property within their jurisdiction, namely, location certificate; possession certificate; possession and non-attachment certificate; etc. The learned counsel for the petitioner could not point out any statutory provision, which empower the 1 st respondent Revenue Divisional Officer or the 3 rd respondent Village Officer to issue Zone certificate, land conversion certificate, etc. as per the requirements in Ext.P7 tender notification. The land conversion certificate for the conversion of an agricultural land for non-agricultural purpose is being issued by the competent authority in States like West Bengal, Andra Pradesh, etc., under the relevant State laws. In the absence of any similar State law applicable to State of Kerala, no direction can be issued either to the 1st respondent or to the 3rd respondent to consider the request made by the petitioner in Exts.P10 and P11 applications. As the petitioner failed to point out any statutory duty imposed on the 1 st respondent or the 3rd respondent to issue Zone certificate, land conversion certificate, etc. as per the requirements in Ext.P7 tender notification, and the failure on their part to discharge any statutory obligation, he is not entitled for a writ of mandamus, as sought for in this writ petition.