Narayana Pillai vs The Secretary
2022 Latest Caselaw 1280 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                        WP(C) NO. 2873 OF 2022
PETITIONER:

            NARAYANA PILLAI
            AGED 81 YEARS
            ARCHANALAYAM, THAMARAKKUDI P.O., KOTTARAKKARA, KOLLAM -
            PIN - 691 506.

            BY ADVS.
            R.HARIKRISHNAN (KAMBISSERIL)
            NEERAJ NARAYAN



RESPONDENTS:

            THE SECRETARY
    1       MYLOM GRAMA PANCHAYATH, MYLOM - PATTAZHY ROAD, MYLOM,
            KOLLAM - 691 560.
            MYLOM GRAMA PANCHAYATH
    2       REPRESENTED BY ITS SECRETARY
            MYLOM - PATTAZHY ROAD, MYLOM, KOLLAM - 691 560.
            THE VILLAGE OFFICER, MYLOM VILLAGE OFFICE, GURU
    3
            MANDIRAM ROAD, KOLLAM - 691 566.
            AJI P. NAIR, VAISHNAVAM, THAMARAKKUDI P.O.,
    4
            KOTTARAKKARA, KOLLAM - PIN - 691 506.


            SRI. SYAMANTHAK-GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.2873 OF 2022
                                       2


                                JUDGMENT

Dated this the 28th day of January, 2022 This writ petition is filed seeking the following

reliefs:-

"(a) Issue a writ or directions in the nature of or similar to writ of mandamus or order or direction directing the 1st and 2nd respondents to take precautionary steps mandated under Section 238 of the Kerala Panchayath Raj Act against the 4th respondent in the light of Ext.P2 report of the 3rd respondent.

(b)Issue a writ or directions in the nature of or similar to writ of mandamus or order or direction directing the 1st respondent to consider Ext.P3 representation submitted by the petitioner to the 1st respondent."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for respondents 1 and 2 and

the learned Government Pleader appearing for the 3 rd

respondent. In the light of the directions being issued, notice to

the 4th respondent is dispensed with.

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

that the petitioner has preferred Exhibit P3 complaint before the

1st respondent, alleging that the trees standing in the property of

the 4th respondent, which is adjacent to the petitioner's property,

are causing real and imminent threat to the life and property of WP(C) NO.2873 OF 2022

the petitioner. It is submitted that Exhibit P2 report of the

Village Officer also supports the petitioner's contentions.

Having heard the learned counsel on either side, I am

of the opinion that it is for the 1st respondent to take an

appropriate decision on the request made by the petitioner.

There will, accordingly, be a direction to the 1 st respondent to

take up Exhibit P3 request made by the petitioner and to

consider and pass orders on the same with notice to the

petitioner as well as the 4th respondent. The contentions of the

parties shall be clearly considered by the first respondent while

passing orders as directed above. It is made clear that this

Court has expressed no opinion on the merits of the matter and

it is for the 1st respondent to take an appropriate decision in

accordance with law. Exhibit P2 report shall also be adverted to

while passing orders.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/28/1 WP(C) NO.2873 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ACKNOWLEDGMENT RECEIPT DATED 23.07.2019.

Exhibit P2 THE TRUE COPY OF THE REPORT FILED BY THE RESPOPNDENT VILLAGE OFFICER DATED 29.07.2019.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2021.

RESPONDENT'S/S EXHIBITS: NIL