Dileep Kumar S vs State Of Kerala
2022 Latest Caselaw 4525 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                   WP(C) NO. 12673 OF 2022
PETITIONERS:

    1     DILEEP KUMAR S.
          AGED 49 YEARS
          S/O. SOMANANDAN @ SOMASEKHARAN,
          RESIDING AT DILEEP BHAVAN, MULAKUZHA P. O.,
          MULAKUZHA VILLAGE,
          CHENGANUR TALUK, ALAPPUZHA DISTRICT,
          PIN - 689 505,
          REPRESENTING THOUGH HIS POWER OF ATTORNEY HOLDER
          AND WIFE AMBILY A.M.,
          AGED 44 YEARS,
          RESIDING AT DILEEP BHAVAN,
          MULAKUZHA P. O.,
          MULAKUZHA VILLAGE,
          CHENGANUR TALUK,
          ALAPPUZHA DISTRICT,
          PIN - 689 505.
    2     AMBILY A. M,
          AGED 44 YEARS
          W/O. DILEEP KUMAR,
          RESIDING AT DILEEP BHAVAN,
          MULAKUZHA P. O.,
          MULAKUZHA VILLAGE,
          CHENGANUR TALUK,
          ALAPPUZHA DISTRICT,
          PIN - 689 505.

          BY ADVS.
          P.HARIDAS
          BIJU HARIHARAN
          SHIJIMOL M. MATHEW
          P.C. SHIJIN
          RISHIKESH HARIDAS


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN - 695 001.
 W.P.(C) NO.12673 OF 2022

                               2

       2     REVENUE DIVISIONAL OFFICER,
             CHENGANNUR,
             OFFICE OF THE REVENUE DIVISIONAL OFFICE,
             CHENGANNUR,
             ALAPPUZHA,
             PIN - 689 121.

       3     TAHSILDAR (LAND RECORDS),
             CHENGANNUR,
             TALUK OFFICE,
             CHENGANNUR,
             ALAPPUZHA,
             PIN - 689 121.

       4     MULAKUZHA GRAMA PANCHAYAT,
             REPRESENTED BY ITS SECRETARY,
             CHENGANNUR,
             MULAKKUZHA P. O,
             ALAPPUZHA,
             PIN - 689 505.
       5     MULAKUZHA GRAMA PANCHAYAT COMMITTEE,
             REPRESENTED BY ITS CHAIR PERSON,
             MULAKUZHA,
             CHENGANNUR,
             MULAKKUZHA P. O.,
             ALAPPUZHA,
             PIN - 689 505.
       6     SECRETARY
             MULAKUZHA GRAMA PANCHAYAT,
             MULAKUZHA,
             CHENGANNUR,
             MULAKKUZHA P. O.,
             ALAPPUZHA,
             PIN - 689 505.
       7     THE STATION HOUSE OFFICER,
             CHENGANNUR POLICE STATION,
             CHENGANNUR,
             PIN - 689 121.
       8     ASHARAF
             S/O. KANI RAWTHER,
             RESIDING AT THADATHIL THEKKETHIL HOUSE,
             MULAKKUZHA VILLAGE,
             CHENGANNUR TALUK,
             MULAKKUZHA P.O,
             PIN - 689 505.
 W.P.(C) NO.12673 OF 2022

                                   3

       9       SHEEBA ASHARAF
               W/O. ASHARAF,
               RESIDING AT THADATHIL THEKKETHIL HOUSE,
               MULAKKUZHA VILLAGE, CHENGANNUR TALUK,
               MULAKKUZHA P.O,
               PIN - 689 505.

               BY ADVS.
               N.ASHOK KUMAR
               MARIAMMA GEORGE MARANGOLY
               SRI. VENUGOPAL V. - GP



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
   ADMISSION    ON   19.04.2022,   THE   COURT   ON   THE    SAME   DAY
   DELIVERED THE FOLLOWING:
 W.P.(C) NO.12673 OF 2022

                                  4




                             JUDGMENT

The petitioners have approached this Court seeking a

direction to respondents 2 to 6 to consider and pass orders

on the representations submitted by them and take

appropriate action for cutting and removing the trees of

respondents 8 and 9 which are standing dangerous to life

and property of the petitioners.

2. The case of the petitioners is that, they have

preferred Ext.P6 petition before the 2nd respondent under

Section 133 of the Cr.P.C. Notice to respondents 4, 5, 6, 8

and 9 was issued by special messenger on 06.04.2022 and

as per the endorsement of the Registry it is seen that

notice sent to respondents 8 and 9 was refused to be

accepted.

3. The limited prayer sought for by the petitioners is

for a disposal of Ext.P6 which is pending before the 2 nd

respondent.

W.P.(C) NO.12673 OF 2022

4. Heard the learned counsel for the petitioners as

well as the learned Government Pleader and also the

learned Standing Counsel appearing for respondents 4 to 6.

In view of the limited nature of the relief sought for by

the petitioners, I deem it appropriate to direct the 2 nd

respondent to consider and pass orders on Ext.P6, in

accordance with law, after affording an opportunity of being

heard to the petitioners as well as respondents 8 and 9,

within a period of two months from the date of receipt of a

copy of this judgment.

With the abovesaid direction, the writ petition is

disposed of.

Sd/-

VIJU ABRAHAM JUDGE SPR W.P.(C) NO.12673 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF TAX RECEIPT NO.KL04050706373/2019 DATED 01.11.2019. EXHIBIT P1(a) TRUE COPY OF TAX RECEIPT NO.KLO4050706343/2019 DATED 01.11.2019. EXHIBIT P1(b) TRUE COPY OF TAX RECEIPT NO.KL04050706356/2019 DATED 01.11.2019. EXHIBIT P2 TRUE COPY OF PHOTOGRAPHS. EXHIBIT P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT DATED 27.07.2021.

EXHIBIT P4 TRUE COPY OF NOTICE OF THE 6TH RESPONDENT DATED 10.08.2021.

EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 23.02.2022.

EXHIBIT P6 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.02.2022.

EXHIBIT P7 TRUE COPY OF NOTICED ISSUED BY THE 6TH RESPONDENT DATED 08.02.2022.

    EXHIBIT P8       TRUE COPY OF APPLICATION SUBMITTED BY
                     THE   PETITIONERS    BEFORE   THE   3RD
                     RESPONDENT DATED 24.02.2022.

    RESPONDENTS EXHIBITS: NIL.