Balakrishnan vs The District Collector
2021 Latest Caselaw 10783 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                   WP(C).No.7993 OF 2021(Y)


PETITIONER/S:

             BALAKRISHNAN,
             AGED 63 YEARS,
             S/O.KUNJUKUNJU,
             SREEVISAKHAM,
             ANAYADI P.O.,
             SHOORANAD VADAKU,
             KOLLAM DISTRICT,
             PIN-690561.

             BY ADV. SRI.R.GOPAN

RESPONDENT/S:

      1      THE DISTRICT COLLECTOR,
             KOLLAM COLLECTORATE,
             KOLLAM DISTRICT,
             KOLLAM - 691 001.

      2      THAHSILDAR,
             TALUK OFFICE,
             KUNNATHOOR,
             SASTHAMKOTA,
             KOLLAM DISTRICT,
             PIN 690 521

      3      DEPUTY DIRECTOR OF PANCHAYATS,
             OFFICE OF DEPUTY DIRECTOR OF PANCHAYATS,
             KOLAM DISTRICT,
             PIN 691 001.

      4      SHOORANADU VADAKKU GRAM PANCHAYAT
             REPRESENTED BY ITS SECRETARY,
             SHOORNAD VADAKKU P.O.,
             KOLLAM DISTRICT,
             PIN 690 522.
 W.P.(C)No.7993 of 2021
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            5            SUMATHI, D/O.BARGHAVI,
                         AGED 72 YEARS,
                         KANJIRAVILA THEKKETHIL VEEDU,
                         ANAYADI P.O.,
                         SHOORNADU VADAKKU,
                         KOLLAM -690 561

                         R5 BY ADV. SRI.P.V.DILEEP
                         BY SRI.SIJU KAMALASANAN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.7993 of 2021
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                              W.P.(C)No.7993 of 2021
                            ----------------------------------
                                      JUDGMENT

The grievance of the petitioner in the writ petition concerns

the inaction on the part of the fourth respondent in taking action on a

complaint lodged by the petitioner alleging that a teak tree standing in

the property of the fifth respondent is posing danger to the life and

property of the petitioner.

2. Heard the learned counsel for the petitioner, the

learned counsel for the fifth respondent as also the learned counsel for

the fourth respondent Panchayat.

3. In the light of Section 238 of the Kerala Panchayat Raj

Act, 1994 I deem it appropriate to dispose of the writ petition directing

the fourth respondent to take a decision on the compliant of the

petitioner referred to in Ext.P1 communication with notice to the

petitioner as also the fifth respondent and after affording both of them

an opportunity of hearing. Ordered accordingly. This shall be done

within three weeks.

Sd/-

P.B.SURESH KUMAR JUDGE rkj W.P.(C)No.7993 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE NOTICE DATED 10.6.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AND 5TH RESPONDENT.

EXHIBIT P2 THE PHOTOCOPY OF THE REPORT DATED 25.11.2020 VILLAGE OFFICER, SHOORANADU

EXHIBIT P3 THE PHOTOCOPY OF THE NOTICE DATED 9/12/2020 ISSUED BY THE 2ND RESPONDENT TO 4TH RESPONDENT

EXHIBIT P4 THE PHOTOCOPY OF THE NOTICE NO.40815/20 DATED 1.1.2021 ISSUED BY THE SUB COLLECTOR TO THE 4TH RESPONDENT.

EXHIBIT P5 THE PHOTOCOPY OF THE LETTER DATED 23.2.2021 ISSUED BY THE DISTRICT COLLECTOR TO THE 4TH RESPONDENT.

EXHIBIT P6 THE PHOTOCOPY OF THE LETTER DATED 8/3/2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P7 THE PHOTOCOPY OF THE PLAINT IN O.S.NO.65/2021 BEFORE THE MUNSIFF COURT, SASTHAMKOTA

EXHIBIT P8 THE PHOTOCOPY OF THE I.A.NO.1/2021 IN O.S.NO.65/2021 BEFORE THE MUNSIFF COURT, SASTHAMKOTA.