IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 21926 OF 2022
PETITIONER:
RAMESHKUMAR
AGED 48 YEARS,S/O.RAMAN,
THANDASSERY HOUSE, MAROTTICHAL.P.O.,
THRISSUR DISTRICT, PIN - 680014
ADVS.SRI.DINESH MATHEW J MURIKAN
VINOD S. PILLAI
NAYANA VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT,
PALAYAM.P.O, THIRUVANANTHAPURAM DISTRICT,PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
THRISSUR, REVENUE DIVISIONAL OFFICE,
FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
3 PUTHUR GRAMA PANCHAYAT
PUTHUR.P.O., THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 680014
4 THE SECRETARY
PUTHUR GRAMA PANCHAYAT,
PUTHUR.P.O., THRISSUR DISTRICT, PIN - 680014
5 RAJU PAUL
S/O.POULOSE,
MANAAMKUZHI HOUSE,
MAROTTICHAL.P.O., THRISSUR DISTRICT, PIN - 680014
6 PUSHPARAJ
KOLLATTIL HOUSE,
MAROTTICHAL.P.O.,
THRISSUR DISTRICT, PIN - 680014
WP(C) NO. 21926 OF 2022
2
7 BIJU
KOTTACHUDI HOUSE,
MAROTTICHAL.P.O.,
THRISSUR DISTRICT, PIN - 680014
SRI.S.SANTHOSH PODUVAL - SC
SMT.DEEPA NARAYANAN - SR. GP.
SRI.VISHAL K. JOHNSON -R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21926 OF 2022
3
JUDGMENT
The writ petition is filed with the following prayers:
"I) Issue a writ of mandamus or any other appropriate writ or direction to 4th respondent to take immediate steps to cut and remove the trees and branches of the trees standing in the property of the respondents 5 to 7 jutting into the property of the petitioner endangering the cultivation and property of the petitioner.
ii) Issue a writ of mandamus or any other appropriate writ or direction to 4th respondent to implement Exhibit P2 to P4 notices as early as possible."
2. The petitioner is having a property in ward No.9 of 3 rd respondent Grama Panchayat. It is the case of the petitioner that the branches of the trees and tress standing in the property of the the respondents 5 to 7 are jutting into the property of the petitioner and it is endangering the plantain cultivation in the property of the petitioner. The petitioner submitted Ext.P1 complaint before the 2nd respondent against the threat to the property and cultivation of the petitioner because of the trees and and its branches. Meanwhile, the 3rd respondent considered the WP(C) NO. 21926 OF 2022 4 complaint and issued Exts.P2 to P4 notices to respondents 5 to 7. The grievance of the petitioner is that no further steps is taken by the Panchayat after issuing the notice. Hence this writ petition
3. Heard learned counsel for the petitioner and the Standing Counsel appearing for the respondents 3 and 4 and I also heard the learned counsel appearing for the respondent No.5.
4. Learned counsel for the petitioner reiterates his contention in this writ petition. Standing counsel appearing for the respondent Nos.3 and 4 submitted that necessary steps have taken by the Panchayat as evident from Exts.P2 to P4. The learned counsel for the 5th respondent submitted that he is not the owner of the property in dispute. He has no connection with the property in dispute.
5. This Court considered the contention of the petitioner and respondents. Admittedly, Ext.P2 to P4 were already issued by the Panchayat. If that is a case, the Panchayat has to take consequential steps based on Exts.P2 to P4 if the owners of the property are not taking steps. Therefore, this writ petition can be disposed of directing the Panchayat to take consequential steps WP(C) NO. 21926 OF 2022 5 based on Exts.P2 to P4 within a time frame. Therefore, this writ petition is disposed of with the following directions:
1. The 3rd and 4th respondent are directed to take consequential steps based on Exts.P2 to P4 as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment.
2. While taking action if any against the 5 th respondent the Panchayat will consider the submission of the 5 th respondent that he is not the owner of the property.
Sd/-
P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 21926 OF 2022 6 APPENDIX OF WP(C) 21926/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.09.2021 Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 18.03.2022 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT DATED 18.03.2022 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT DATED 18.03.2022