The High Court directed the Revenue Divisional Officer to finalize an application regarding coconut trees in a dangerous condition within four months after providing notices to the parties involved.
Direction to the 1st respondent to finalize the Ext.P1 application within four months after giving notice to the petitioner and 2nd respondent.
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 SHAJI P.CHALY
THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941
WP(C).No.8804 of 2019
PETITIONER/S:
PHILIPOSE K A AGED 60 YEARS S/O.K.P.ABRAHAM, RESIDING AT ALUMCHERIL, PRAYAR, PANDANAD NORTH.P.O, CHENGANUR, PIN-689124.
BY ADVS. SRI.JACOB CHACKO SRI.C.A.JOJO SRI.MATHEWS JOSEPH
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689121
2 A.T.VARGHESE, ALENCHERIKUNZHIYIL, PRAYAR, PANDANAD NORTH.P.O, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689124.
3 ADDL R3, THE SECRETARY,
PANDANAD GRAMA PANCHAYAT, PANDANAD NOTH(P.0), CHENGANNUR, ALAPPUZHA, DISTRICT. PIN.
ADDL R3 IS IMPLEADED AS PER ORDER DATED 05-04-2019 IN IA 1/2019 IN WP(C) 8804/2019.
R1 SMT VINITHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8804 of 2019 2
JUDGMENT
According to the petitioner, coconut trees belonging to the 2nd respondent are standing in
dangerous condition to the property of the petitioner and thereupon petitioner has submitted Ext.P1 before
the 1st respondent apparently under Section 133 of the
Code of Criminal Procedure. Case of the petitioner is
that, inspite of earnest efforts made by the petitioner, no finality is attained to Ext.P1. It is
under the said circumstances appropriate directions are sought.
and the learned Government Pleader, I am of the
considered opinion that, the writ petition can be disposed of with appropriate directions especially due
to the fact that inspite of service of notice on R3, there is no appearance.
WP(C).No.8804 of 2019 3
direction to the 1st respondent to finalise Ext.P1 application in accordance with law, at the earliest and at any rate, within four months from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner as well as the 2nd respondent. I also make it clear that the 1st respondent is at liberty to identify whether the issue can be sorted out by the local body in question.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
Hmh
WP(C).No.8804 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT DATED 22/02/2019 EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 22.02.2019
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH
RESPONDENT'S/S EXHIBITS: NIL
2 issues framed by the court
Whether the 1st respondent should be directed to finalise the complaint application regarding coconut trees in dangerous condition to neighbouring property.
Whether strict time limits are necessary for resolving the boundary/danger dispute between the respondents.
1 provisions across 1 enactments
PHILIPOSE K A
THE REVENUE DIVISIONAL OFFICER
A.T.VARGHESE
ADDL R3, THE SECRETARY, PANDANAD GRAMA PANCHAYAT
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
