Abraham vs Revenue Divisional Officer
2021 Latest Caselaw 18765 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 14767 OF 2021
PETITIONER:

          ABRAHAM,
          AGED 66 YEARS,
          S/O.DEVASSIA, MEKKARAYIL, VARANAM P.O., CHERTHALA,
          ALAPPUZHA DISTRICT, PIN-688 555.

          BY ADVS.
          C.G.BINDU
          AJITHA C.G.


RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          OFFICE OF REVENUE DIVISIONAL OFFICER, ALAPPUZHA,
          DISTRICT COURT ROAD, ALAPPUZHA-688 001.

    2     THANNERMUKKAM GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, THANNEERMUKKAM P.O.,
          ALAPPUZHA DISTRICT, PIN-688 555.

    3     THE SECRETARY,
          THANNERMUKKAM GRAMA PANCHAYATH, THANNEERMUKKAM P.O.,
          ALAPPUZHA DISTRICT, PIN-688 555.

    4     THOMAS
          S/O.JOSEPH, KANDATHIL, VARANAM P.O., CHERTHALA,
          ALAPPUZHA DISTRICT, PIN-688 555.

    5     CELIN
          W/O.THOMAS, KANDATHIL, VARANAM P.O., CHERTHALA,
          ALAPPUZHA DISTRICT, PIN-688 555.

          SRI.DARSAN SOMANATH (SR)
          SRI.ANIL S.RAJ
          SMT.K.N.RAJANI
          SMT.RADHIKA RAJASEKHARAN P.
          SMT.ANILA PETER
          SRI.V.VENUGOPAL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14767 OF 2021

                                        2


                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"(a) A writ in the nature of mandamus or any other appropriate writ, order or direction be issued against 1 st respondent to consider and pass appropriate orders on Ext.P3 petition submitted by the petitioner.

(b) A writ in the nature of mandamus or any other appropriate writ, order or direction be issued against 3 rd respondent to consider and pass appropriate orders on Ext.P2 petition submitted by the petitioner."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader, the learned standing counsel appearing for

respondents 2 and 3 as well as the learned counsel for respondents 4 and

5.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is residing in 10 cents of property in Thanneermukkam North

Village under the jurisdiction of respondents 2 and 3. It is submitted that

adjacent to the compound wall of the house where the petitioner is

residing with his family, respondents 4 and 5 have planted trees which

are now in dangerous condition. The petitioner has submitted Exts.P2

and P3 applications before the Panchayat and the 1 st respondent

respectively and seeks a consideration thereof. WP(C) NO. 14767 OF 2021

4. The learned counsel for the Panchayat submits that Ext.P2

application has not been received by the Panchayat, which is the reason

why no action could be taken by the Panchayat.

5. The learned counsel for the petitioner submits that Ext.P3 has been

submitted by the petitioner before the 1 st respondent and that the same

is liable to be considered in accordance with law.

6. The learned counsel appearing for respondents 4 and 5 submits

that the said respondents have valid objections to raise with regard to

the locus standi of the petitioner.

7. I am of the opinion that these are matters which are liable to be

considered by the 1st respondent in accordance with law while

considering Ext.P3 application. There will, accordingly, be a direction to

the 1st respondent to take up, consider and pass orders on Ext.P3 request

made by the petitioner, with notice to the petitioner as well as

respondents 4 and 5 and after considering the contentions advanced on

all sides in accordance with law. The petitioner shall produce a copy of

the writ petition along with a copy of this judgment before the 1 st

respondent for proper compliance. Respondents 4 and 5 shall be issued

with due notice and heard before any orders are passed as directed

above. Appropriate action shall be taken without undue delay and the WP(C) NO. 14767 OF 2021

proceedings shall be initiated, at any rate, within a period of three weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14767 OF 2021

APPENDIX OF WP(C) 14767/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(a) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(b) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(c) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(d) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(e) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(f) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(g) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P1(h) TRUE PHOTOGRAPHS SHOWING THE POSITION OF THE DANGEROUS TREES.

Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 30.06.2020 BEFORE THE 3RD RESPONDENT THROUGH E-MAIL.

Exhibit P2(a) TRUE COPY OF THE E-MAIL RECEIPT DATED 30.06.2020.

Exhibit P3 TRUE COPY OF THE PETITION DATED 04.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH E-MAIL.

Exhibit P3(a) TRUE COPY OF THE E-MAIL RECEIPT DATED 04.11.2020.

RESPONDENT'S/S EXHIBITS: NIL