The petitioner petitioned for a direction to prune a tree standing dangerously in front of his building. The Court directed the Revenue Divisional Officer to consider and dispose of the application expeditiously.
The Revenue Divisional Officer is directed to take up the petitioner's Ext.P4 representation and dispose of it after hearing within one month.
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 27TH DAY OF NOVEMBER 2019 / 6TH AGRAHAYANA, 1941
WP(C).No.5751 OF 2019(T)
PETITIONER:
P.SHADHI, AGED 50 YEARS, THOOMPUNGAL HOUSE, PALLURUTHY P.O, COCHIN-682 006
BY ADVS. SHRI.K.NIRMALAN SRI.V.JAYADHAR
RESPONDENT/S:
1 DISTRICT COLLECTOR, COLLECTORATE, FIRST FLOOR CIVIL STATION, KAKKANADU , ERNAKULAM-682 030
3 SECRETARY, COCHIN CORPORATION, CORPORATION OFFICE, COCHIN 682 032
R3-5 BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION SR.GP K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 27th day of November 2019
The petitioner has approached this Court
seeking that his application preferred before the Revenue Divisional Officer (RDO), namely Ext.P4,
to prune the branches of a tree allegedly
standing dangerously in front of his building in the Public Works Department (PWD) road, be
directed to be taken up and disposed of at the earliest.
earlier occasion when she had a similar problem,
she had approached the RDO, which Authority had
then issued Ext.P2; but that he is now refusing
to consider Ext.P4. She, therefore, prays that
Ext.P4 be directed to be taken up and disposed of at the earliest.
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Pleader - Sri.K.Amminikutty, submits that there does not appear to be any legal impediment in Ext.P4 being taken up and disposed of, but adds
that, as is clear from Ext.P2, necessary directions had been given as early as in the year 2014 to the Assistant Executive Engineer of the Corporation to take necessary action. She says
that, therefore, the RDO will now hear the
petitioner and take an appropriate decision.
Corporation of Kochi submits that they have no
objection in Ext.P4 being considered by the RDO
and that they will abide by any direction to be issued by the said Authority in terms of law.
Taking note of the afore submissions, I
order this writ petition and direct the 2nd respondent - RDO to take up Ext.P4 representation of the petitioner and dispose of the same, after
WP(C).No.5751 OF 2019
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hearing her, as expeditiously as is possible, but
not later than one month from the date of receipt
of a copy of this judgment, also adverting to Ext.P2 proceedings of the year 2014.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
vv
WP(C).No.5751 OF 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOGRAPH OF THE BUILDING AND TREE. EXHIBIT P2 TRUE COPY OF THE PRELIMINARY ORDER IN M.C. NO. 211/14/D (D2927/14) U/S. 133CR. P. C DT 21/06/2014 EXHIBIT P3 TRUE COPY OF THE NOTICE DT. 18.12.2014 TO 5TH RESPONDENT BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DT. 22/6/2018 TO THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REMAINDER DT. 1/10/2018 TO THE 2ND RESPONDENT. EXHIBIT P6 THE PHOTOGRAPH OF THE TREE SHOWING THE PRESENT NATURE.
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the Revenue Divisional Officer is directed to dispose of the petitioner's application regarding tree pruning.
Whether the writ petition should be allowed to expedite the disposal of the representation.
1 provisions across 1 enactments
P.SHADHI
DISTRICT COLLECTOR
REVENUE DIVISIONAL OFFICER
SECRETARY, COCHIN CORPORATION
ASSOCIATANTED EXECUTIVE ENGINEER
ASSISTANT HEALTH OFFICER
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
