Disposed

Dr.P.Kuriakose v. the Revenue Divisional Officer

Kerala HC4 Oct 2011WP(C)/24271/2011

Case brief

AI extract

What is this about?

The Kerala High Court heard two connected writ petitions regarding protruding tree branches from a respondent's property that threatened hospital inmates. The Court permitted the cutting and removal of branches under Village Officer supervision and disposed of both petitions.

What did the court decide?

Permission granted to cut and remove the branches of trees in question under the supervision of the concerned Village Officer with notice to the other petitioner.

Dr.P.Kuriakose Vs the Revenue… — Constitutional and Fundamental Rights | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933

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WP(C).No. 24271 of 2011(H)

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

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PETITIONER:

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DR.P.KURIAKOSE,'CAREWELL' HOSPITAL, PIRAVOM,MUVATTUPUZHA,ERNAKULAM.

BY ADV. MR. M.C.JOHN

RESPONDENTS:

THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA,PIN 686 661.

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THE VILLAGE OFFICER, PIRAVOM,PIN 686 664.

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JOHN,S/O.ULAHANNAN, PAINGAMATTATHIL (THATTUMPURATH) HOUSE, PIRAVOM, PIN 686 664.

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BEENA JOHN, W/O.ULAHANNAN, PAINGAMATTATHIL (THATTUMPURATH)HOUSE PIRAVOM, PIN 686 664.

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R1 AND R2 BY GOVERNMENT PLEADER MR. T. K. ARAVINDAKUMAR BABU R3 AND R4 ADV. MR. P.M.MOHAMMED SHIRAZ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011, ALONG WITH WPC NO. 24892 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 24271 OF 2011

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APPENDIX

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PETITIONERS EXHIBITS

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EXHIBIT P1. TRUE COPY OF COMPLAINT DATED 14.03.2011. EXHIBIT P2. TRUE COPY OF THE REPORT NO.93/11/PR- DATED 1.4.2011 OF THE 2ND RESPONDENT OBTAINED UNDER the RIGHT TO INFORMATION ACT. EXHIBIT P3. TRUE COPY OF THE ORDER NO. A3-3078/11 DATED 22.06.2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P4. TRUE COPY OF LETER NO.A3-3078/11 DATED NIL. EXHIBIT P5. TRUE COPY OF REPORT DATED 23.7.2011.

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RESPONDENTS' EXHIBITS

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/TRUE COPY/

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P.A. TO JUDGE

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P.R. RAMACHANDRA MENON J.

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W.P (C) No . 24271 of 2011 And 24892 of 2011

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Dated, this the 4^th October, 2011

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JUDGMENT

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The issues involved in both these cases are closely related to each other. The prayer in W.P.(C) No. 24271 of 2011 is to direct the first respondent to pursue further action pursuant to Exts. P4 and P5 and also to enforce Ext. P3 order passed by the RDO dated 22.06.2011 to cause the trees/branches situated in the property (hospital) of the 4^th respondent, which protrude into the property of the writ petitioner, causing threat to the life of the inmates. The other writ petition has been filed by the 4^th respondent in the writ petition No. 24271 of 2011, with a prayer to set aside Ext. P3 order passed by the first respondent in the said writ petition.

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The learned counsel for the petitioner appearing in the former writ petition submits that Ext. P3 has already been implemented with regard to the trees which were standing in the property of the husband of the writ petitioner in other case, as discernible from paragraph 3 of the latter writ petition. It is also stated that the petitioner in W.P(C) 24892 of 2011 has expressed 'no objection' with regard to the cutting of the branches of trees situated in her property; which are actually

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W.P. (C) Nos. 24271 & 24892 of 2011

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: 2 :

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spreading over the property of the other writ petitioner; at the latter's cost.

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After hearing both the sides and taking note of the alleged threat stated as being caused by the branches of the trees as aforesaid, this Court finds it fit and proper to permit the petitioner in W.P.(C) No. 24271 of 2011 to have the branches of the trees in question cut and removed under the supervision of the concerned Village Officer with notice to the petitioner in WP.(C) No. 24892 of 2011.

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Both the Writ Petitions are disposed of accordingly.

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Sd/

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

Dr.P.Kuriakose v. the Revenue Divisional Officer

Case brief

What is this about?

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Dr.P.Kuriakose v. the Revenue Divisional Officer

Case brief

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