R. Madhavan vs The Ombudsman For Local Self ...
2023 Latest Caselaw 2952 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 5991 OF 2023
PETITIONER:

          R. MADHAVAN
          AGED 77 YEARS
          S/O. RAMANKUTTY, 'THRIKARTHIKA', KATTADIMUKKU,
          CHAVARKODU, PARIPALLY P.O., NAVAYIKULAM, VARKALA,
          THIRUVANANTHAPURAM DISTRICT., PIN - 691574

          BY ADV SHAJIN S.HAMEED



RESPONDENTS:

    1     THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
          THIRUVANANTHAPURAM
          REPRESENTED BY ITS SECRETARY, PIN - 695001

    2     THE SECRETARY, NAVAIKULAM GRAMA PANCHAYATH
          NAVAIKULAM-PALLIKKAL ROAD, NAVAIKULAM P.O.,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695603

    3     NAVAIKULAM GRAMA PANCHAYATH,
          REPRESENTED BY THE SECRETARY, NAVAIKULAM-PALLIKKAL
          ROAD, NAVAIKULAM P.O., THIRUVANANTHAPURAM DISTRICT.,
          PIN - 695603

    4     SAJEE. S.
          'ARAMANA', KATTADIMUKKU, CHAVARKODE, PARIPALLY P.O.,
          THIRUVANANTHAPURAM DISTRICT., PIN - 691574

          BY ADVS.
          P.K.RESHMA (KALARICKAL)
          BIJU BALAKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.5991 OF 2023

                               -: 2 :-


            ANU SIVARAMAN, J.
       =========================
           W.P.(C) No.5991 of 2023
       =========================
            Dated this the 13th day of March, 2023


                          JUDGMENT

This writ petition is filed seeking the following

reliefs:

"a) To issue a writ of certiorari and call for the records leading to Ext.P4 and Ext.P6 and quash the same.

b) To issue a writ of certiorari and call for the records leading to Ext.P7 and quash the same.

c) To declare that the 2nd respondent Secretary of the Panchayat is not competent to issue notice or orders under Section 238(1) of the Kerala Panchayat Raj Act,

1984."

2. Heard the learned counsel for the petitioner, the

learned Standing Counsel appearing for the 1 st respondent

as well as learned counsel appearing for respondents 2 and

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

4th respondent is dispensed with. WP(C) NO.5991 OF 2023

3. It is submitted by the learned counsel for the

petitioner that there are trees standing near the boundaries

of the petitioner as well as the 4th respondent and that the

matter had been taken up before the Ombudsman and

Exhibit P6 order had been passed, directing the removal of

the trees which are causing nuisance to the other party and

which are standing within 5 feet from the boundaries. It is

submitted that pursuant to Exhibt P6 , Exhibit P7 notice

had been issued, requiring the petitioner as well as the 4 th

respondent to remove the trees which are in existence near

the boundaries. It is submitted by the learned counsel for

the petitioner that if Exhibit P6 order is strictly complied

with, then there would be no requirement for cutting and

removing of the trees as such and only the offending

branches would have to be removed.

In the above view of the matter, this writ petition

is disposed of directing that the removal of branches of WP(C) NO.5991 OF 2023

trees will be carried out strictly in accordance with Exhibit

P6. The 2nd respondent shall cause a further inspection to

be conducted in the properties with notice to the petitioner

as well as the 4th respondent and shall identify the branches

to be cut and inform to the parties accordingly. The

chopping of the branches shall be strictly in accordance

with Exhibit P6. Necessary shall be done within a period of

three weeks from the date of receipt of a copy of this

judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/10/03 WP(C) NO.5991 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit-P1 PHOTOCOPY OF THE COMPLAINT DATED 28/10/2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit-P2 PHOTOCOPY OF THE ORDER DATED 28/01/2022 IN COMPLAINT NO.539/2021 OF THE 1ST RESPONDENT.

Exhibit-P3 PHOTOCOPY OF THE ORDER DATED 28/02/2022 IN COMPLAINT NO.539/2021 OF THE 1ST RESPONDENT.

Exhibit-P4 PHOTOCOPY OF THE REVIEW PETITION DATED 03/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT .

Exhibit-P5 PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONER TO R.P.NO.92/2022 IN O.P.NO.539/2021.

Exhibit-P6 PHOTOCOPY OF THE ORDER DATED 23/11/2022 IN R.P.NO.92/2022 IN O.P.NO.539/2021 OF THE 1ST RESPONDENT.

Exhibit-P7 PHOTOCOPY OF THE NOTICE DATED 12/01/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.