Kerala High Court
Gopi K.S vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 28662 OF 2020
PETITIONER:
GOPI K.S.
AGED 85 YEARS
S/O.SANKARAN, KURATTITHARA HOUSE, MUNDANKAVU P.O.,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 121.
BY ADVS.
DINESH MATHEW J.MURICKEN
SRI.N.R.SANGEETHARAJ
SRI.VINOD S. PILLAI
SMT.SREELAKSHMI R.
SHRI.MOHAMMED THAYIB N.M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE CIRCLE INSPECT OF POLICE
CHENGANNOOR POLICE STATION, CHENGANNUR P.O., ALAPPUZHA
DISTRICT, PIN - 689 121.
3 SUKUMARI
W/O.LATE CHELLAPPAN, PATHANAKKATTIL VEETTIL, MUNDAN
KAVU MURI, MUNDANKAVU P.O., CHENGANNUR, ALAPPUZHA
DISTRICT, PIN - 689 121.
BY ADV SRI.ANTONY SHYJU
SMT.REKHA C. NAIR, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.28662/2020
2
P.V.KUNHIKRISHNAN, J
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W.P.(C)No.28662 of 2020
--------------------------------
Dated this the 5th day of August 2021
JUDGMENT
The above Writ petition is filed with
following prayers:
"i) issue a writ of mandamus or
any other appropriate writ or direction
to the 2nd respondent not to prevent the
petitioner from cutting and removing the
Mahagani tree standing on the southern
side of the property having an extent of
4 cents of property comprised in
Sy.No.59/14/1 in Chengannur Village.
ii) issue a writ of mandamus or
any other appropriate writ or direction
to the 2nd respondent to grant adequate
police protection to the petitioner from
cutting and removing the Mahagani tree
standing on the southern side of the
property having an extent of 4 cents of
property comprised in Sy.No.59/14/1 in
Chengannur Village.
iii) grant such other reliefs which
this Honourable Court may deem fit and
proper in the circumstances of the case.
2. When this writ petition came up for
WP(C) NO.28662/2020
consideration on 11.02.2021, this Court passed
the following order:
"When this matter was taken up, the
learned Government Pleader on instructions
submits that the daughter of the 3rd
respondent, a certain Geetha has filed
O.S.No.323 of 2020 before the Munsiff
Court, Chengannur seeking declaration and
injunction and the same is pending. It is
further submitted that when steps were
taken by the petitioner to cut down the
tree in an item of property wherein claim
is raised by the said person, the police
had intervened to prevent the commission of
any cognizable offence. The allegation of
harassment by the police has no basis is
the submission.
The learned counsel appearing for the
petitioner seeks an adjournment to get
instructions from his party."
3. Today, when this matter came up for
consideration the learned counsel for the
petitioner conceded that subsequent to the filing
of this writ petition a suit is filed before the
civil court for fixation of boundary and other
connected reliefs. According to the petitioner,
a tree is dangerously leaning towards the
neighbour's property and that is to be cut and
WP(C) NO.28662/2020
removed.
4. When the matter is ceased by the civil
court, this Court is not in a position to pass
any order invoking the powers under Article 226
of the Constitution of India. The petitioner is
free to approach the civil court or other
statutory authorities with appropriate petitions.
All the contentions of the petitioner and the
contesting respondent in this writ petition are
left open.
With the above observation, this writ
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.28662/2020
APPENDIX OF WP(C) 28662/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE-DEED NO.1726/1988
OF S.R.O.CHENGANNUR DATED 30/07/1988.
EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT
PERTAINING TO SY.NO.59/14/1 ISSUED BY
THE VILLAGE OFFICE, CHENGANNUR DATED
18/11/2020.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN
O.S.NO.209/1988 PASSED BY THE MUNSIFF
COURT, CHENGANNUR DATED 29/06/1993.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN
A.S.NO.141/1993 PASSED BY THE
ADDITIONAL DISTRICT COURT, MAVELIKARA
DATED 26/07/1997.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN
S.A.NO.404/1998 PASSED BY THIS
HONOURABLE COURT DATED 20/06/2008.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 16/12/2020.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDG
