The Kerala High Court quashed a stale notice requiring the petitioner to remove trees alleged to endanger a neighbour. The court noted an interim stay existed since 2011, making the eight-year-old action unjustified without fresh assessment.
Ext.P2 (notice dated 11.1.11 to cut/remove trees) is quashed as stale.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939
WP(C).No. 2651 of 2011
PETITIONERS:
BY ADV.SMT.CELINE JOSEPH
RESPONDENTS:
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE SECRETARY, PADINJARETHARA GRAMA PANCHAYATH, PADINJARETHARA P.O. AND VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT-676 562.
3. PADINJARETHARA GRAMA PANCHAYATH, REP.BY ITS SECRETARY, PADINJARETHARA P.O. AND VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT-670 562.
4. ABDUL AZEEZ, S/O.EBRAHIM, AGED ABOUT 35 YEARS, PARAKKANDI HOUSE, MUNDAKUTTY POST, KUPPADITHARA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT-670 645.
R1 BY ADV. GOVERNMENT PLEADER SRI.JESTIN MARTIN R2 & R3 BY ADV. SRI.MANOJ RAMASWAMY BY R4 SRI.ABDUL AZIZ (PARTY IN PERSON)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 2651 of 2011
APPENDIX
PETITIONER(S)' EXHIBITS
P1 A TRUE COPY OF THE POWER OF ATTORNY WITH READABLE COPY DATED 18.6.2010 P2 TRUE COPY OF NOTICE NO.M3-14801/10 DATED 11.1.11 ISSUED TO THE PETITIONERS BY THE 2ND RESPONDENT P3 TRUE COPY OF THE OBJECTIONS DATED 18.1.2011 BY THE 2ND PETITIONER TO THE 2ND RESPONDENT P4 TRUE COPY OF THE PLAINT O.S. NO.172/2010 FILED BY THE 1ST PETITIONER BEFORE THE MUNSIFF COURT, KALPETTA P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, KALPETTA
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
15.3.2018
DEVAN RAMACHANDRAN, J.
W.P.C.No.2651 of 2011
Dated this the 7th day of March, 2018
J U D G M E N T
The petitioner challenges Ext.P2 proceedings issued by the
Secretary of the 3rd respondent, Padinjarrethara Grama Panchayath, wherein the petitioner was asked to cut and remove certain trees in her property on the allegation that it poses danger to her neighbour, the 4th respondent.
W.P.C.No.2651 of 2011
2
has now become stale. If at all any further action is required to be done, it will be certainly necessary for the Secretary of the Grama Panchayath to assess the situation again and initiate fresh action if it is so required.
This Writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE
True copy
P.A to Judge
DG
1 issue framed by the court
Whether the notice dated 11.1.11 to cut and remove trees threatening to cause danger to the neighbour has become time-barred given the interim stay since 2011?
V.P.SHAMEER
V.P.SOOPY
STATE OF KERALA
THE SECRETARY, PADINJARETHARA GRAMA PANCHAYATH
PADINJARETHARA GRAMA PANCHAYATH
ABDUL AZEEZ
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
