Sreeja Anil vs The District Collector
2024 Latest Caselaw 29811 Ker

Kerala High Court

Sreeja Anil vs The District Collector on 22 October, 2024

                                   1
W.A.No.1598/2024


                                                     2024:KER:79767
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                   &

                   THE HONOURABLE MR. JUSTICE S.MANU

   TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                          WA NO. 1598 OF 2024

         AGAINST THE JUDGMENT DATED 02.09.2024 IN WP(C) NO.37274

                    OF 2023 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

            SREEJA ANIL,
            AGED 48 YEARS
            W/O. ANIL KUMAR,LAKSHMI NIVAS, LAMPALLOOR VILLAGE,
            KOLLAM 691504 NEW ADDRESS W/O ANIL KUMAR, LAKSHMI
            NIVAS, ILAMPALLOOR VILLAGE,KOLLAM, PIN - 691504


            BY ADVS.
            MURALI MADANTHACODU
            GREESHMA M.M.




RESPONDENTS/RESPONDENTS:

     1      THE DISTRICT COLLECTOR,
            KOLLAM COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
            MUKKU, KOLLAM, PIN - 691013

     2      THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR),
            KOLLAM DISTRICT, CIVIL STATION, KOLLAM, PIN - 691013

     3      THE SECRETARY,
            ELAMPALLOOR GRAMA PANCHAYATH OFFICE, ELAMPALLOOOR,
            KUNDARA P.O., KOLLAM, PIN - 691501

     4      THE VILLAGE OFFICER,
            ELAMPALLOOR VILLAGE OFFICE, PERUMPUZHA,
                                    2
W.A.No.1598/2024


                                                      2024:KER:79767
             KOCHALUMMOODU, KOTTAMKARA, KOLLAM, PIN - 691504

     5       MAYA V.S.,
             AGED 48 YEARS
             W/O. D. RAJU, KADAYIL VEEDU, HARIHARAPURAM, AYIROOR,
             THIRUVANANTHAPURAM, PIN-695 310, NOW RESIDING AT
             MAYA BHAVAN, THANAL NAGAR, KERALAPURAM, PERUMPUZHA
             P.O., KOLLAM, PIN - 691504



OTHER PRESENT:

             SRI BIJU C ABRAHAM, SRI M R SASITH PANICKER,
             SRI K P HAREESH, SR GP


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        3
W.A.No.1598/2024


                                                                2024:KER:79767


                                   JUDGMENT

Dated this the 22nd day of October, 2024

Nitin Jamdar, C.J.

Heard Sri. Murali Madanthacodu, learned counsel for the Appellant and Sri. Biju C.Abraham, learned counsel for the Respondent No.5.

2. The dispute relates to teak tree in the property of Respondent No.5. It is the case of the Appellant that the leaves and wood of the tree fall in well and causes pollution.

3. The learned Single Judge has directed the Respondent No.5 to regularly prune the branches and in case Respondent No.5 does not do so, the Appellant can approach the Secretary of Panchayat, who will then pass appropriate orders and ensure the steps for preventing falling of leaves. A tree is not an inanimate object. If an order passed by the learned Single Judge as a workable solution rather than resorting to cutting the tree, considering the nature of the writ jurisdiction, we are not inclined to interfere. Restating the mandate placed on the Respondent No.5, the appeal is disposed of.

Sd/-

Nitin Jamdar Chief Justice

Sd/-

S. Manu Judge vgd

2024:KER:79767

PETITIONER ANNEXURES

Annexure 1 TRUE TRANSLATION OF EXHIBITS P1 TO P12, EXCEPT EXHIBIT P8 AND P11 IN WP(C)

Annexure 2 TRUE TRANSLATION OF EXHIBIT R3(C) TOR3(E) IN WP(C) 37274/2023