IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17189 OF 2022
PETITIONER/S:
K.A.JOY, AGED 66 YEARS
KUDILIL HOUSE, KAKKAD, PIRAVOM,
ERNAKULAM DISTRICT PIN-686664
BY ADV JIBU P THOMAS
RESPONDENTS:
1 DISTRICT COLLECTOR ERNAKULAM,
CIVIL STATION, KAKKANAD, ERNAKULAM-682030
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE,
MUVATTUPUZHA- 686673
3 PIRAVOM MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPALITY OFFICE, PIRAVOM P.O ERNAKULAM- 686664
4 THE SECRETARY,
PIRAVOM MUNICIPALITY,
MUNICIPALITY OFFICE, PIRAVOM P.O, ERNAKULAM- 686664
5 THAMPI V.S,
AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER
VARAKUKALAYIL HOUSE, KAKKADU, PIRAVOM,
ERNAKULAM- 686664
6 THANKAMMA V.S,
AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER
VARAKUKALAYIL HOUSE, KAKKADU, PIRAVOM, ERNAKULAM-
686664
R BY ADV.PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17189 OF 2022 ..2..
JUDGMENT
The petitioner states to be the owner and in possession of 1.21 ares of property comprised in Sy.No.638/8-2-4-3 of Piravom Village in Muvattupuzha Taluk. According to the petitioner, respondents 5 and 6 are his immediate neighbours and there are certain trees standing in the property of respondents 5 and 6, causing imminent danger to the petitioner. Aggrieved by the same, the petitioner has filed Ext.P1 complaint before the 2nd respondent/ RDO. The 2nd respondent/RDO has made over Ext.P1 application to the 4th respondent and is pending consideration before the 4 th respondent Secretary. The limited relief sought for at this stage is for a direction to the 4th respondent Secretary to consider Ext.P1 complaint.
2. Heard the learned Counsel for the petitioner, learned Government Pleader and the learned Standing WP(C) NO. 17189 OF 2022 ..3..
Counsel for the Municipality. In the nature of the direction I propose to pass, notice to respondents 5 and 6 is dispensed with.
3. Since Ext.P1 complaint is stated to be made over to the 4th respondent Secretary, who is the authority to take action under Section 412 of the Kerala Municipality Act, 1994, there will be a direction to the 4 th respondent Secretary to consider Ext.P1 complaint and take a decision thereon, after hearing the petitioner and respondents 5 and 6, in accordance with law, at any rate within a period of two weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/27/05/2022
WP(C) NO. 17189 OF 2022 ..4..
APPENDIX OF WP(C) 17189/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLIANT DATED 25.10.2021
FILED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 25.10.2021 OF THE RDO, MUVATTUPUZHA TO THE 3RD RESPONDENT