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Kerala High Court
Aup School, Perinkulam vs The Secretary, Alathurgrama Panchayat on 30 March, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:28318
WP(C) 38271/2025 & 6010/2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 38271 OF 2025
PETITIONER/S:
MANOJ KUMAR VP
AGED 46 YEARS
S/O. PANKAJAKSHAN NAIR, AGANYA, THATTATHARA,
PERUMGULAM, ALATHUR, PALAKKAD DISTRICT, PIN -
678542
BY ADVS.
SMT.RIZWANA A.A.
SHRI.AQIB SOHAIL P.S.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE CIVIL STATION P.O. PALAKKAD, PIN -
678001
2 THE REVENUE DIVISIONAL OFFICER
RDO OFFICE CIVIL STATION P.O. PALAKKAD, PIN -
678001
3 THE SECRETARY
ALATHUR GRAMA PANCHAYAT ALATHUR P.O. PALAKKAD
DISTRICT, PIN - 678542
4 THE HEADMASTER
PERUNGULAM A.U.P. SCHOOL PERUNGULAM, ALATHUR P.O.
PALAKKAD DISTRICT, PIN - 678542
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WP(C) 38271/2025 & 6010/2026
5 THE MANAGER
PERUNGULAM A.U.P. SCHOOL PERUNGULAM, ALATHUR P.O.
PALAKKAD DISTRICT, PIN - 678542
BY ADV SHRI.P.GOPAL
OTHER PRESENT:
SR GP SMT PREETHA K K
SRI.RAJITH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2026, ALONG WITH WP(C).6010/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) 38271/2025 & 6010/2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 6010 OF 2026
PETITIONER/S:
AUP SCHOOL, PERINKULAM
ALATHUR P.O, PALAKKAD REPRESENTED BY ITS HEAD
MASTER, SRI. K.P.BALAKRISHNAN AGED 53 YEARS,
S/OK.P.RAJAN NAIR RESIDING AT POONATH HOUSE,
CHUNGAM, KAVASSERY, PIN - 678543
BY ADV SHRI.P.GOPAL
RESPONDENT/S:
1 THE SECRETARY, ALATHURGRAMA PANCHAYAT
ALATHUR P.O. PALAKKAD DISTRICT, PIN - 678542
2 ALATHURGRAMA PANCHAYAT
ALATHURGRAMA PANCHAYAT REPRESENTED BY ITS
SECRETARY, ALATHUR P.O., PIN - 678542
3 MANOJ KUMAR V.P
S/O PANKAJAKSHAN NAIR, AGANYA, THATTATHARA,
PERINKULAM, ALATHUR P.O. PALAKKAD, PIN - 678542
BY ADVS.
SMT.RIZWANA A.A.
SHRI.AQIB SOHAIL P.S.
SMT.SAMUDRASANTHI M. D.
SMT.SHAIJIRA R.S.
SRI RAJITH, SC
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WP(C) 38271/2025 & 6010/2026
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2026, ALONG WITH WP(C).38271/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) 38271/2025 & 6010/2026
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).Nos.38271 of 2025 & 6010 of 2026
----------------------------------------------
Dated this the 30th day of March, 2026
JUDGMENT
These writ petitions are connected and therefore, I am
disposing these writ petitions by a common judgment. WP(C)
No.38271/2025 is filed with following prayers:
I. Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 3rd
respondent - the Secretary, Alathur Grama
Panchayat to take immediate and effective steps to
remove or suitably prune the hazardous trees
(Oong, Ashoka and Kanikkonna trees) standing
within the premises of Perungulam A.U.P. School,
situated adjacent to the petitioner's property at
Thattathara, Cheruthara Road, Alathur, Palakkad
District, so as to avert the imminent danger posed
to the petitioner's life and property and to the
safety of school children.
II. Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 2nd
respondent - the Revenue Divisional Officer, Alathur
to conduct a site inspection through competent
authorities, assess the risk posed by the aforesaid
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WP(C) 38271/2025 & 6010/2026
trees and the structurally weakened compound
wall, and to issue appropriate directions to the
concerned authorities for immediate removal or
pruning of hazardous trees and for necessary
structural reinforcements within a time frame to be
fixed by this Hon'ble Court.
III. Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the 1st
respondent - the District Collector, Palakkad to
supervise and ensure strict compliance with the
statutory duties and with the directions already
issued by the 2nd respondent dated 26.05.2025
(Exhibit P3), and to take appropriate measures in
coordination with the concerned authorities to
remove the hazardous trees and secure the affected
structures.
IV. Grant such other and further reliefs as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case.
(SIC)
2. WP(C) No.6010/2026 is filed with following prayers:
1. To issue a writ of certiorari or any other appropriate
writ or order or direction to call for records leading
to the issuance of Exhibit P2 notice dated 14-01-
2026 and Exhibit P4 notice dated 03-02-2026 issued
by the 1st respondent and quash the same,
2. to issue a writ of mandamus directing the 1 st
respondent to hear the petitioners and the 3rd
respondent and pass fresh orders on Exhibits P2
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WP(C) 38271/2025 & 6010/2026
and P4 dehors the observation contained therein
3. to issue a writ of mandamus or appropriate writ or
order directing the 1st respondent to hear the school
and the 3rd respondent and pass orders on Exhibit
P5 complaint submitted by the school within a time
limit fixed by this Hon'ble Court,
4. To issue a writ of mandamus or order declaring that
the seven Ashoka trees standing in the school
compound along the side of the property of the 3 rd
respondent and the six Ashoka trees situated in the
southern side of the school compound far away from
the property of the 3rd respondent is not causing
danger or threat to the 3rd respondent and the
inclusion of the same in Exhibits P2 and P4 by the
1st respondent is beyond the power vested on him
and is illegal and unsustainable
5. To dispense with the translation of the documents
produced in the vernacular language
6. To grant such other reliefs found fit and proper by
this Hon'ble Court in the facts and circumstances of
the case Interim relief.
(SIC)
2. The short point raised by the counsel for the
petitioner in WP(C) No.6010/2026 is that, a hearing was not
conducted before passing the impugned orders. The prayer in
WP(C) No.38271/2025 is to cut and remove three trees.
3. After hearing both sides, I am of the considered
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opinion that the Panchayat has to reconsider the matter after
giving an opportunity of hearing to both sides. To facilitate the
Panchayat to reconsider the matter, Exts.P2 and P4 in WP(C)
No.6010/2026 can be set aside. I make it clear that the
Panchayat can pass appropriate orders in accordance with law,
after giving sufficient opportunity of hearing to the parties.
Therefore, these Writ Petitions are disposed of in the
following manner:
1. Exts.P2 and P4 in WP(C) No.6010/2026 are set
aside.
2. The 1st respondent Panchayat in WP(C)
No.6010/2026 is directed to reconsider the
matter, after giving sufficient opportunity of
hearing to both the petitioners in these writ
petitions, as expeditiously as possible.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 30.03.2026
Judgment dictated 30.03.2026
Draft Judgment placed 30.03.2026
Final Judgment 31.03.2026
uploaded
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WP(C) 38271/2025 & 6010/2026
APPENDIX OF WP(C) NO. 38271 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE COMPLAINT FILLED BY THE PETITIONER
TO THE 3RD RESPONDENT DATED 13.10.2022
Exhibit P2 THE COMPLAINT FILLED BY THE PETITIONER
TO THE 2ND RESPONDENT DATED 14.05.2025
Exhibit P3 THE ORDER ISSUED BY THE 2ND RESPONDENT
TO 3RD RESPONDENT DATED 26.05.2025
Exhibit P4 THE COMPLAINT FILLED BY THE PETITIONER
TO THE 1ST RESPONDENT DATED 28.06.2025
Exhibit R3(a) A true copy of the notice issued to the
petitioner and Respondents 4 and 5 dated
14.012026
Exhibit R3(b) A true copy of the reply submitted by
the 4th Respondent dated 19.01.2026
Exhibit R3(c) A true copy of the notice issued by the
Alathur Panchayathe dated 03.02.2026
RESPONDENT EXHIBITS
Exhibit R4(a) A true copy of the notice dated 14-01-
2026 issued by the Panchayat
Exhibit R4(b) A true copy of the reply given by me
dated 19-01-2026 to the 3th respondent
Exhibit R4(c) Atrue copy of the notice dated
03/02/2026 issude by the 3rd Respondent
to the school
Exhibit R4(e) A TRUE COPY OF FIR NO 1189/2025 DATED
31/10/2025
Exhibit R4(d) A true copy of my letter along with the
report of taluk Hospital,Alathur dated
20-11-2025
Exhibit R4(f) A true copy of the letter dated
31/10/2025 submitted by me before the
District child welfare officer with
typed copy
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WP(C) 38271/2025 & 6010/2026
APPENDIX OF WP(C) NO. 6010 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH SHOWING
THE SCHOOL BUILDING AND THE OPEN SPACE
USED AS PLAYGROUND
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 14-01-
2026 ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER DATED 19-01-2026 TO THE 1 ST
RESPONDENT
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 03-02-
2026 ISSUED BY THE RESPONDENT TO THE
SCHOOL
Exhibit P5 A TRUE COPY OF THE PETITIONER'S LETTER
DATED 20-11-2025 ALONG WITH THE REPORT
OF THE TALUK HOSPITAL, ALATHUR DATED 20-
11-2025 SENT TO THE PANCHAYAT
