Rajan vs The Station House Officer
2023 Latest Caselaw 6687 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                    WP(C) NO. 17228 OF 2023
PETITIONER:

         RAJAN,
         AGED 52 YEARS,
         S/O CHACKO,
         EMMANUEL HOUSE,
         PATHIRIKKAL P.O,
         PATHANAPURAM,
         KOLLAM DISTRICT., PIN - 689695

         BY ADVS.
         V.PREMCHAND
         HALIYA T.P.


RESPONDENTS:

    1    THE STATION HOUSE OFFICER,
         PATHANAPURAM POLICE STATION,
         PATHANAPURAM, KOLLAM DISTRICT., PIN - 689601
    2    THOMAS CHACKO @ JAMES,
         ANAKKUZHIYIL PUTHEN VEEDU,
         PATHIRIKKAL P.O, PATHANAPURAM,
         KOLLAM DISTRICT., PIN - 689695
    3    CHACKO KURUVILA,
         PUTHAN PARAMBIL VEEDU,
         PATHIRIKKAL P.O, PATHANAPURAM,
         KOLLAM DISTRICT., PIN - 689695
   *4    THE PATHANAPURAM GRAMA PANCHAYAT,
         PATHANAPURAM, KOLLAM DISTRICT,
         REPRESENTED BY ITS SECRETARY.
         [ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
         20.06.2023 IN I.A.NO.1 OF 2023]

         BY ADV.PREMCHAND(GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 20.06.2023, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.17228 of 2023
                                 :2 :




                         JUDGMENT

-----------------------

Dated this the 20th day of June, 2023

The petitioner is before this Court seeking police

protection to the petitioner and to his workers to cut down the

dangerously leaning branches of the two Aanjili Trees standing

within the property on the eastern boundary of the petitioner's

property.

2. The counsel representing the 2nd respondent

submitted that the 2nd respondent has no objection in cutting

and removing branches of the trees within his compound which

are dangerously leaning towards the house of the petitioner.

The 2nd respondent has no objection in cutting and removing

such branches strictly as per the observations contained in

Ext.P1 under the supervision of the Panchayat authorities. WP(C) No.17228 of 2023

In the circumstances, the writ petition is disposed of

permitting the petitioner to cut and remove the branches of the

trees in question dangerously leaning towards the house of the

petitioner with notice to and under the supervision of the

Panchayat authorities.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.17228 of 2023

APPENDIX OF WP(C) 17228/2023

PETITIONER'S EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE ORDER DATED 25.08.2021 IN OS 392/2015 FILED BY THE PETITIONER BEFORE MUNSIFF COURT PUNALUR EXHIBIT-P2 A TRUE COPY OF THE COMMISSION REPORT ALONG WITH A SKETCH DATED 10.08.2015 IN OS 392/2015 BEFORE THE MUNSIFF COURT PUNALUR EXHIBIT-P3 A TRUE COPY OF THE PETITION ALONG WITH THE RECEIPT DATED 02.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT