Public interest litigation regarding removal of dead tree branches on the road. The Court observed that the respondent had taken necessary steps to remove dangerous branches and disposed of the petition accordingly.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 21ST DAY OF JANUARY 2014/1ST MAGHA, 1935
WP(C).No. 15815 of 2013 (S)
PETITIONER:
THAMPI SUBRAMANIAN, AGED 31 YEARS, S/O.SUBRAMANIAN, 18/1172(B), THAMPI NIVAS, PALLURUTHY, COCHIN-6.
BY ADV. SRI.DILISH JOHN.
RESPONDENTS:
1. REVENUE DIVISIONAL OFFICER, FORTCOCHI, KOCHI- - 682 001.
2. STATION OFFICER, FIRE & RESCUE STATION, MATTANCHERRY – 682 002.
3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KOMPARA, COCHIN-682 018.
4. ASSISTANT EXECUTIVE ENGINEER, P.W.D. N.H.47, DIVISIONAL, KAKKANAD – 682 030.
5. SUB INSPECTOR OF POLICE, MATTANCHERY TRAFFIC WING, COCHIN- 682 002.
R1,R2,R4 & R5 BY SR. GOVERNMENT PLEADER SRI. P.I. DAVIS, R3 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE, SRI.S.SHARAN,S.C, SRI.SAJEEVKUMAR K.GOPAL,S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C).NO.15815/2013
APPENDIX
PETITIONER'S EXHIBIT:
EXT.P.1: TRUE COPY OF THE PETITION DATED 16/05/2013 WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
**MANJULA CHELLUR, CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.P.C.No.15815 of 2013
Dated this the 21st day of January 2014
J U D G M E N T
SHAFFIQUE,J
This writ petition is filed in the form of a public interest litigation seeking the following relief:
“issue a writ of mandamus or any other appropriate writ or direction to direct respondent authorities to take action to remove branches of the dead trees on the Palluruthy-Edakochi road.”
W.P.C.No.15815/2013 2
Revenue Divisional Officer pursuant to which Assistant Executive Engineer, PWD Roads, Sub Division, Ernakulam has issued instructions to remove the branches of five dangerous trees standing near the SDPY School, Palluruthy and also the other dangerous trees in which KSEB lines are passing. Further it is stated that instructions have been issued to Secretary, Cochin Corporation and Assistant Executive Engineer, Palluruthy and Fort Kochi to remove the branches of trees which are lying on the side of the road side footpaths.
W.P.C.No.15815/2013
3
Accordingly, this writ petition is disposed of taking into account the averments made in the counter affidavit.
(sd/-)
(MANJULA CHELLUR, CHIEF JUSTICE)
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr 22/01/2014
W.P.C.No.15815/2013 4
W.P.C.No.15815/2013 5
W.P.C.No.15815/2013 6
1 issue framed by the court
Whether the High Court should issue directions to remove dead tree branches on the road after the respondent authorities had already taken steps to address the danger.
THAMPI SUBRAMANIAN
REVENUE DIVISIONAL OFFICER, FORTCOCHI
MANJULA CHELLUR
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
