Rameshkumar vs State Of Kerala
2022 Latest Caselaw 9326 Ker

Citation : 2022 Latest Caselaw 9326 Ker
Judgement Date : 10 August, 2022

Kerala High Court

Rameshkumar vs State Of Kerala on 10 August, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         WP(C) NO. 21926 OF 2022
PETITIONER:

              RAMESHKUMAR
              AGED 48 YEARS,S/O.RAMAN,
              THANDASSERY HOUSE, MAROTTICHAL.P.O.,
              THRISSUR DISTRICT, PIN - 680014

              ADVS.SRI.DINESH MATHEW J MURIKAN
              VINOD S. PILLAI
              NAYANA VARGHESE
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY,
              LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT,
              PALAYAM.P.O, THIRUVANANTHAPURAM DISTRICT,PIN - 695001

     2        THE REVENUE DIVISIONAL OFFICER
              THRISSUR, REVENUE DIVISIONAL OFFICE,
              FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
              AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

     3        PUTHUR GRAMA PANCHAYAT
              PUTHUR.P.O., THRISSUR DISTRICT,
              REPRESENTED BY ITS SECRETARY, PIN - 680014

     4        THE SECRETARY
              PUTHUR GRAMA PANCHAYAT,
              PUTHUR.P.O., THRISSUR DISTRICT, PIN - 680014

     5        RAJU PAUL
              S/O.POULOSE,
              MANAAMKUZHI HOUSE,
              MAROTTICHAL.P.O., THRISSUR DISTRICT, PIN - 680014

     6        PUSHPARAJ
              KOLLATTIL HOUSE,
              MAROTTICHAL.P.O.,
              THRISSUR DISTRICT, PIN - 680014
 WP(C) NO. 21926 OF 2022
                                  2


     7       BIJU
             KOTTACHUDI HOUSE,
             MAROTTICHAL.P.O.,
             THRISSUR DISTRICT, PIN - 680014

             SRI.S.SANTHOSH PODUVAL - SC
             SMT.DEEPA NARAYANAN - SR. GP.
             SRI.VISHAL K. JOHNSON -R5


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.08.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21926 OF 2022
                                                  3



                                           JUDGMENT

The writ petition is filed with the following prayers:

"I) Issue a writ of mandamus or any other appropriate writ or direction to 4th respondent to take immediate steps to cut and remove the trees and branches of the trees standing in the property of the respondents 5 to 7 jutting into the property of the petitioner endangering the cultivation and property of the petitioner.

ii) Issue a writ of mandamus or any other appropriate writ or direction to 4th respondent to implement Exhibit P2 to P4 notices as early as possible."

2. The petitioner is having a property in ward No.9 of 3 rd

respondent Grama Panchayat. It is the case of the petitioner that

the branches of the trees and tress standing in the property of the

the respondents 5 to 7 are jutting into the property of the

petitioner and it is endangering the plantain cultivation in the

property of the petitioner. The petitioner submitted Ext.P1

complaint before the 2nd respondent against the threat to the

property and cultivation of the petitioner because of the trees and

and its branches. Meanwhile, the 3rd respondent considered the WP(C) NO. 21926 OF 2022

complaint and issued Exts.P2 to P4 notices to respondents 5 to 7.

The grievance of the petitioner is that no further steps is taken by

the Panchayat after issuing the notice. Hence this writ petition

3. Heard learned counsel for the petitioner and the

Standing Counsel appearing for the respondents 3 and 4 and I also

heard the learned counsel appearing for the respondent No.5.

4. Learned counsel for the petitioner reiterates his

contention in this writ petition. Standing counsel appearing for the

respondent Nos.3 and 4 submitted that necessary steps have

taken by the Panchayat as evident from Exts.P2 to P4. The learned

counsel for the 5th respondent submitted that he is not the owner

of the property in dispute. He has no connection with the property

in dispute.

5. This Court considered the contention of the petitioner

and respondents. Admittedly, Ext.P2 to P4 were already issued by

the Panchayat. If that is a case, the Panchayat has to take

consequential steps based on Exts.P2 to P4 if the owners of the

property are not taking steps. Therefore, this writ petition can be

disposed of directing the Panchayat to take consequential steps WP(C) NO. 21926 OF 2022

based on Exts.P2 to P4 within a time frame. Therefore, this writ

petition is disposed of with the following directions:

1. The 3rd and 4th respondent are directed to take

consequential steps based on Exts.P2 to P4 as expeditiously

as possible at any rate within one month from the date of

receipt of a copy of this judgment.

2. While taking action if any against the 5 th respondent

the Panchayat will consider the submission of the 5 th

respondent that he is not the owner of the property.