Kerala High Court
Ramavarma R. Thamburan vs Kochi Municipal Corporation on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
RP NO. 622 OF 2021
AGAINST THE JUDGMENT IN WP(C) 10223/2021 DATED 27.08.2021 OF HIGH
COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER:
RAMAVARMA R. THAMBURAN,
AGED 65 YEARS,
S/O K.P.P.NAMBUDIRIPAD,
RESIDENT AT 40/270, PRATIBHA,
LAYAM ROAD, KOCHI-682011.
BY ADV I.SHEILA DEVI
RESPONDENTS:
1 KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B.NO.1016,
ERNAKULAM, KOCHI-682011,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B.NO.1016,
ERNAKULAM, KOCHI-682011
3 THE HEALTH OFFICER,
KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B.NO.1016,
ERNAKULAM, KOCHI-682011
4 JOSEPH MARTIN,
THUNDUVILAKAM (MATHANYA),
RESIDING AT JUSTICE,
CHANDRASEKHARA MENON ROAD (LAYAM ROAD),
KOCHI-682011.
BY ADVS.
R1-3 BY SMT.P.Y.SHEHEERA
R4 BY ABRAHAM JOHN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.No.622/2021
2
JUDGMENT
Dated this the 19th day of November, 2021
The writ petitioner is before this Court with a review
petition contending that the judgment in W.P.(C) No.10223 of
2021 is liable to be reviewed as there are errors apparent on
the face of the record.
2. The writ petition was disposed of by this Court on
27.08.2021, with the following directions:
"The additional 4th respondent shall cut and
remove the branches of the mango tree in question
causing nuisance to the petitioner within a period of
two weeks. The petitioner shall co-operate with the
steps taken by the additional 4th respondent to cut and
remove the branches of the mango tree. At the same
time, the respondents 2 to 3 will be at liberty to
proceed with Ext.R4(5) notice and conclude the
proceedings so initiated after giving an opportunity of
personal hearing to the petitioner as well as the
additional 4th respondent."
R.P.No.622/2021
3. The prayer of the petitioner in the writ petition was
to direct the respondents to cut and remove the dangerous
mango tree, which is standing in the northwest side of the
petitioner's property, situated in the neighbour's compound.
4. The learned counsel for the review petitioner
submitted that when the prayer made by the petitioner was to
direct the respondents to cut and remove the dangerous
mango tree, this Court ought not have granted a partial relief
of cutting the branches of the tree alone and this Court ought
to have allowed the prayer of the petitioner as such.
5. Going through the judgment, it is seen that after
hearing the parties, this Court found that for the time being it is
extremely necessary to cut and remove the branches of the
mango tree in question, causing nuisance to the petitioner.
Taking into consideration the urgency in the matter, a direction
was given to cut and remove the branches of mango tree,
within a period of two weeks. This Court made it clear that the
respondents 2 and 3 in the writ petition will be at liberty to
R.P.No.622/2021
proceed with Ext.R4(5) notice and conclude the proceedings
so initiated after giving an opportunity of personnel hearing to
the petitioner as well as the additional 4th respondent.
Ext.R4(5) notice was a notice for cutting and removing the
tree. This Court has not granted the final relief as prayed for
by the petitioner. At the same time, the respondents 2 and 3
were granted liberty to proceed with Ext.R4(5) notice as
prescribed by the relevant statute.
In such circumstances, this Court do not find any
error apparent on the face of the record and the review petition
is hence not maintainable. The review petition is therefore
dismissed, at the same time granting the review petitioner,
liberty to pursue the matter pending before the respondents 1
to 3 as evidenced by Ext.R4(5) notice.
Sd/-
N. NAGARESH
JUDGE
SR
