Disposed

Thomas Mathew v. the District Collector, Alappuzha

Kerala HC11 Feb 2019WP(C)/3159/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking removal of trees endangering life and property and adjudication of a complaint under Section 133 Cr.P.C. via the 2nd respondent. The Court held the matter for the 2nd respondent to consider and ordered appropriate orders after hearing all parties within one month.

What did the court decide?

Directed the 2nd respondent to consider the dispute under Section 133 Cr.P.C. and pass appropriate orders after hearing all affected parties within one month.

Thomas Mathew Vs the District Collector, Alappuzha — Environment and Pollution | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940

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WP(C).No. 3159 of 2019

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PETITIONER/S:

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THOMAS MATHEW AGED 80 YEARS S/O. MATHEW, SAJI BHAVANAM, KARUVATA NORTH, KARUVATA PANCHAYATH, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.

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BY ADVS.

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SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, ALAPPUZHA COLLECTORATE, ALAPPUZHA-688001.

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2 THE REVENUE DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE, CHENGANNUR, ALAPPUZHA-689121.

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3 GOPALAKRISHNA KURUP, KARIMPARATHARA VEEDU, KARUVATA VADAKKU MURI, KARUVATA

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VILLAGE, KARTHIKAPPALLY TALUK,

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ALAPPUZHA-690517.

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4 SREEDHARAN

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KARIMPARATHARA VEEDU, KARUVATA VADAKKU MURI, KARUVATA

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VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-690517.

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5 RETNAMMA, KARIMPARATHARA VEEDU, KARUVATA VADAKKU MURI, KARUVATA VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-690517.

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6 THE CIRCLE INSPECTOR OF POLICE, HARIPPAD POLICE STATION, ALAPPUZHA-690514.

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OTHER PRESENT:

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GP B VINITHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3159 of 2019

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JUDGMENT

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The petitioner has approached this Court

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seeking the following reliefs:

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“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to take necessary steps for removing the trees which are endanger to the life and property of the petitioner.

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd respondent to take a decision on Exhibit P1 complaint in accordance with law after hearing the petitioner.”

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petitioner and the learned Government Pleader.

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The learned counsel for the petitioner

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would submit that Ext.P1 request has been made

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before the District Collector and that the same is liable to be considered. It is stated that the District Collector has also referred Ext.P1 to the

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RDO, Chengannur, who is to consider the same, in accordance with law.

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The learned Government Pleader appearing for the respondents would submit that there are

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WP(C).No. 3159 of 2019

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other issues raised in Ext.P1, which cannot be resolved in terms of Section 133 of the Cr.P.C.

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I am of the opinion that this is a matter for the 2^nd respondent to consider, in accordance with law. In case the dispute raised by the petitioner is one referable to Section 133 of the Cr.P.C, the 2^nd respondent shall pass appropriate orders, after hearing the petitioner as well as the party respondents and any other affected persons. Orders shall be passed after hearing the parties within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

sab

WP(C).No. 3159 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE PETITION FILED BEFORE THE DISTRICT COLLECTOR AND REFERRED TO THE 2ND RESPONDENT DATED 29.5.2018.

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EXHIBIT P2 COPY OF THE NOTICE DATED 16.77.2018 ISSUED BY THE 2ND RESPONDENT.

Thomas Mathew v. the District Collector, Alappuzha

Case brief

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Thomas Mathew v. the District Collector, Alappuzha

Case brief

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