An order directing the respondents to cut and remove trees encroaching on the petitioner's property within one month.
Direction to respondents 4 and 5 to ensure removal of encroaching trees within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937
WP(C).No. 33187 of 2014 (W)
PETITIONER:
C.V.SEBASTIAN AGED 56 YEARS AGED 56, S/O.LATE VARGHESE, CHUNDANGAL HOUSE KOTTAMAM, NEELESHWARAM P.O. ERNAKULAM DISTRICT-683 584.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD ERNAKULAM-682 030.
2. THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI ERNAKULAM DISTRICT-682 001.
3. THE VILLAGE OFFICER VILLAGE OFFICE, KALADY, ERNAKULAM DISTRICT-683 574.
4. MALAYATTOOR-NEELESHWARAM GRAMA PANCHAYAT NEELESHWARAM P.O., ERNAKULAM DISTRICT-683 574 REPRESENTED BY ITS SECRETARY-683 574.
5. THE SECRETARY MALAYATTOOR NEELESHWARAM GRAMA PANCHAYAT NEELESHWARAM P.O., ERNAKULAM DISTRICT-683 574.
6. JOJO
R4,R5 BY ADV. DR.K.P.SATHEESAN (SR.) R4,R5 BY ADV. SRI.M.R.JAYAPRASAD R4,R5 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R4,R5 BY ADV. SRI.ANOOP.V.NAIR R4,R5 BY ADV. SRI.S.VIBHEESHANAN R4,R5 BY ADV. SRI.N.MANU THAMPI R6 BY ADV. SRI.JIJO JOSEPH BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33187 of 2014 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1- COPY OF DECISION NO.XI DATED 21.12.2013 TAKEN BY THE PANCHAYAT COMMITTEEE OF THE 4TH RESPONDENT PANCHAYAT
EXT.P2- COPY OF THE REPRESENTATION DATED 30.04.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT. P3- COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXT.P4- COPY OF ORDER NO.M-3510/14 DATED 02.09.2014 PASSED BY THE 2ND RESPONDENT.
EXT.P5- COPY OF ORDER NO.A7-3431/14 DATED 23.09.2014 PASSED BY THE 2ND RESPONDENT.
EXT.P6- COPY OF NOTICE NO.A7-4713/14 DATED 19.09.2014 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.
EXT.P7- COPY OF REPRESENTATION DATED 27.10.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
--------------------------------------
/TRUE COPY/
P.A. TO JUDGE SKV
P.V.ASHA, J.
=================== W.P.(C). No.33187 OF 2014
=======================
Dated this the 1st day of July, 2015
JUDGMENT
The petitioner has approached this court seeking
implementation of Ext.P6 issued by the Secretary Malayattoor- Neeleshwaram Grama Panchayat - the 5th respondent, by which the 6th respondent was directed to cut and remove the trees, encroaching into the petitioner's property and likely to cause danger to the person and property of petitioner. Even though the said direction was issued on 19.9.2014 and the action was proposed under Section 238(1) of the Panchayath Raj Act 1994, no action was taken.
trees or trees standing encroaching into the neighboring property of the petitioner, as directed.
W.P.(C). No.33187 OF 2014 2
see that appropriate action in terms of Ext.P6 is taken without any further delay and at any rate within a period of one month from the date of receipt of a copy of this judgment.
The Writ Petition is accordingly allowed.
P.V.ASHA, JUDGE
SKV
2 issues framed by the court
Whether the Panchayat authorities are directed to remove encroaching trees after inaction despite a prior order.
Whether a direction was to be issued to the respondents to implement the order directing tree removal.
1 provisions across 1 enactments
C.V. SEBASTIAN
THE DISTRICT COLLECTOR, KAKKANAD
THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
THE VILLAGE OFFICER, KALADY
MALAYATTOOR-NEELESHWARAM GRAMA PANCHAYAT
THE SECRETARY MALAYATTOOR NEELESHWARAM GRAMA PANCHAYAT
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
