Kerala High Court
Chandy Joseph vs The District Collector on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 40710 OF 2018
PETITIONER:
CHANDY JOSEPH
AGED 57 YEARS
S/O.JOSEPH,KANJIRAKKATTUKUNNEL HOUSE, MARIYAPURAM P.O.,
IDUKKI TALUK, IDUKKI DISTRICT,PIN-685 602
BY ADVS.
JOHN JOSEPH(ROY)
SRI.C.G.ANTU CHATHELY GEORGE
RESPONDENTS:
1 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, CIVIL STATION, PAINAVU,
IDUDKKI-685 602
2 THE REVENUE DIVISIONAL OFFICER,
IDUKKI, CIVIL STATION, PAINAVU, IUDKKI-685 602
3 THE MARIYAPURAM GRAMA PANCHAYATH
REPRESENTED BY THE SECRETATY, MARIYAPURAM PANCHAYATH
OFFICE, MARIYAPURAM P.O., IDUKKI,PIN-685 602
4 PRABHAKARAN NAIR,
S/O. LATE AYYAPPAN,EDATTU HOUSE, MARIYAPURAM P.O.,
IDUKKI TALUK,IDUKKI DISTRICT,PIN-685 602
5 SRI.VINUKUMAR
SECRETARY, MARIYAPURAM GRAMA PANCHAYATH OFFICE,
MARIYAPURAM P.O., IDUKKI,PIN-685 602
6 AKHILA BHARATHIYA AYYAPPA SEVA SANGAM,
MARIAPURAM SAKHA,RREPRESENTED BY ITS PRESIDENT M.A.
SHIJO, S/O. ANIRUDHAN, MOOTHAVEETTIL HOUSE, MARIYAPURAM
P.O., IDUKKI DISTRICT, PIN-685 602
BY ADVS.
SRI.JAISON JOSEPH -R3 & R5
SRI.DILEEP D BHAT
SHRI.SABAD K.H - R4 & R6
WP(C) NO. 40710 OF 2018
2
SRI.JOSEPH MATHEW (THODUPUZHA)
SHRI.SANTHOSH BHASKARAN NAIR
SRI.GIRISH GOPI
SRI.GANESH.S.PAI
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 40710 OF 2018
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 40710 of 2018
----------------------------------------------
Dated this the 08th day of June, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(a) A writ of mandamus commanding the
Respondents 1 to 3 to Cut and remove the disputed
banyan Tree standing on the northern boundary of the
property belongs to the 4th or 6th respondent forth with
to protect the life and residential building of the
petitioner and his family members.
(b) Issue a writ of mandamus or any other
appropriate writ, order or direction, commanding the
3rd Respondent not to grant building permit to the 4 th
or 6th Respondent to construct a Temple or place of
worship in the disputed 10 cents of property of 4 th
Respondent, without complying the rules in respect of
establishing new place of worship.
(c) Issue a writ of mandamus or any other writ
or order, directing the 1st Respondent to consider and
pass orders on any appeal filed by the 4 th or 6th
Respondent against Exhibit P-2 order of the 2 nd
Respondent after a proper hearing and assessing the
nature of the tree with the help of technical experts
and to take a final decision in the matter.
(d) To grant such other reliefs as this Hon'ble
Court may deem fit, just and proper in the facts and
WP(C) NO. 40710 OF 2018
circumstances of the case."[SIC]
2. The main grievance of the petitioner is that the
respondents 1 to 3 are not taking steps to cut and
remove the disputed banyan Tree standing on the
northern boundary of the property belongs to the 4 th and
6th respondents. It is the case of the petitioner that, the
2nd respondent issued Ext.P2 order to cut and remove
the banyan tree and the direction was issued to the 3 rd
respondent. Ext.P3 is a notice issued by the Panchayat
based on Ext.P2. This Court as per Ext.P4 judgment
directed to comply with the directions in Ext.P2 order
with an outer time limit of three weeks from the date of
receipt of a copy of this judgment. Even then, it is not
complied, is the grievance of the petitioner. Thereafter,
a Review Petition was filed in the above judgment.
Ext.P5 is the order passed in the Review Petition in
which it is stated that, since the affected parties already
filed an appeal before the District Collector, no further
order is necessary and the Review petition was
dismissed. Subsequently, it is the case of the petitioner
WP(C) NO. 40710 OF 2018
that, the District Collector also dismissed the appeal.
The above order is also produced in this writ petition.
Hence this writ petition is filed.
3. Heard counsel appearing for the petitioner, the
learned Government Pleader and the learned Standing
counsel appearing for the Panchayat. I also heard the
counsel appearing for respondents 4 and 6.
4. The short point to be decided is whether the
banyan tree is to be cut and removed based on Ext.P2
order. It is an admitted fact that Ext.P2 order became
final. The appeal filed against Ext.P2 is dismissed by the
District Collector, Idukki as per File
No.DCIDK/2224/2019-DM1 dated 27.04.2022. In such
circumstances, nothing survives in this writ petition. The
respondents 1 to 3 are duty bound to cut and remove
the disputed banyan tree in accordance to Ext.P2 order
which is confirmed by the appellate authority. The
counsel appearing for the contesting respondents
submitted that some rituals are necessary because an
idol is there in front of the banyan tree. What ever that
WP(C) NO. 40710 OF 2018
may be, the respondents 1 to 3 are duty bound to obey
Ext.P2 order in its letter and spirit.
Therefore this writ petition is disposed of in the
following manner:
i. Respondents 1 to 3 are directed to implement
Ext.P2 order, as expeditiously as possible, at any rate,
within a period of one month from the date of receipt
of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 40710 OF 2018
APPENDIX OF WP(C) 40710/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION DATED
21.06.2016 SUBMITTED BEFORE THE 2ND
RESPONDENT
EXHIBIT P2 TRUE COPY OF THE DIRECT DATED
18.07.2016 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 3-10-
2016 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.1740 OF 2017 DATED 06.02.2017 OF
THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN
R.P.NO.186 OF 2017 DATED 03.07.2017
OF THIS HON'BLE COURT
EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 1ST RESPONDENT DATED 11-
09-2018 BY PETITIONER
EXHIBIT P7 TRUE COPY OF THE REPORT OF THE
TAHSILDAR ISSUED TO THE 2ND
RESPONDENT DATED 05.07.2016
EXHIBIT P8 TRUE COPY OF THE REPORT OF THE
DY.S.P. POLICE DATED 25.02.2017
ISSUED TO THE I.G.OF POLICE
EXHIBIT P9 TRUE COPY OF THE RECENT PHOTOGRAPH OF
THE PROPERTY OF THE 4TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE RECENT PHOTOGRAPH OF
THE DISPUTED BANYAN TREE IN THE
PROPERTY OF 4TH RESPONDENT
EXHIBIT P11 TRUE COPY OF THE LETTER DATED
12.11.2018 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
EXHIBIT P12 TRUE COPY OF THE FLEX PUBLISHED BY
THE 4TH AND 6TH RESPONDENT IN FRONT
WP(C) NO. 40710 OF 2018
OF THE PROPERTY OF THE 4TH RESPONDENT
EXHIBIT P13 RECENT PHOTOGRAPH TO THE ROOT OF THE
DISPUTED BANYAN TREE, TAKEN FROM THE
NORTH OF THE TREE
EXHIBIT P14 RECENT PHOTOGRAPH OF THE ROOT OF THE
DISPUTED BANYAN TREE, TAKEN FROM THE
NORTH OF THE TREE
EXHIBIT P15 RECENT PHOTOGRAPH OF THE ROOT OF THE
DISPUTED BANYAN TREE, TAKEN FROM THE
NORTH OF THE TREE
EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN
O.S.NO.126 OF 2018 DATED 25.02.2021
OF THE HON'BLE MUNSIFFS COURT IDUKKI.
RESPONDENTS EXHIBITS :
EXHIBIT R3(A) TRUE PHOTOCOPY OF THE NOTICE DATED
30.09.2016 SERVED N 04.10.2016 TO
RESPONDENT NO.6
EXHIBIT R3(B) TRUE PHOTOCOPY OF THE NOTICE DATED
3.10.2016 TO THE PETITIONER.
EXHIBIT R3(C) TRUE PHOTOCOPY OF THE DECISION DATED
07.10.2016 TAKEN ON THE MEETING HELD
BY THE VICE PRESIDENT OF PANCHAYAT.
EXHIBIT R3(D) TRUE PHOTOCOPY OF THE NOTICE DATED
09.01.2017 ISSUED BY RESPONDENT NO.5.
EXHIBIT R3(E) TRUE PHOTOCOPY OF THE LETTER DATED
19.01.2017 ISSUED BY RESPONDENT NO.6
TO RESPONDENT NO.5
EXHIBIT R3(F) THE TRUE PHOTOCOPY OF THE NOTICE
DATED 20.01.2017 ISSUED BY THE
RESPONDENT NO.5.
EXHIBIT R3(G) TRUE PHOTOCOPY OF THE COMPLAINT DATED
01.02.2017 ISSUED BY RESPONDENT NO.6
TO RESPONDENT NO.5.
EXHIBIT R3(H) TRUE PHOTOCOPY OF THE LETTER DATED
WP(C) NO. 40710 OF 2018
13.02.2017 ISSUED TO RESPONDENT NO.2
EXHIBIT R6(A) TRUE COPY OF THE SALE DEED NO.2856 OF
1977 DATED 24.06.77 OF S.R.O.UDDUMBAN
CHOLA.
EXHIBIT R6(B) TRUE COPY OF REPLY FOR RTI DATED
05/01/2019 ISSUED BY THE SECRETARY,
GRAMA PANCHAYAT MARIYAPURAM.
EXHIBIT R6(C) TRUE PHOTOGRAPH OF THE TEMPLE TAKEN A
YEAR BACK.
EXHIBIT R6(D) TRUE PHOTOGRAPH OF THE BANYAN TREE.
EXHIBIT R6(E) A TRUE COPY OF THE APPEAL DATED
05.07.17 FILED BEFORE THE DISTRICT
COLLECTOR, IDUKKI.
EXHIBIT R6(F) TRUE PHOTOGRAPH OF THE FLEX PUBLISHED
BY THE 6TH RESPONDENT ERECTED IN
FRONT OF THE 6TH RESPONDENT'S
IMMOVABLE PROPERTY.
EXHIBIT R6(G) TRUE COPY OF THE DECISION TAKEN AND
THE PARTICIPANTS ATTENDED THE MEETING
CONVENED BY THE MARIYAPURAM
GRAMAPANCHAYAT ON 07.10.2016
//TRUE COPY//
PA TO JUDGE
