Disposed

George Joseph, v. State of Kerala

Kerala HC13 Jun 2023WP(C)/9516/2023

Case brief

AI extract

What is this about?

Held a writ petition seeking removal of a tree encroaching on petitioner's property which caused a compound wall collapse. The court directed the Revenue Divisional Officer to decide on removal after hearing all affected parties within six weeks based on an inquiry report.

What did the court decide?

Directed the 3rd respondent to consider the petition and decide on tree removal after hearing affected parties within six weeks.

George Joseph, Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 13^TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945

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WP(C) NO. 9516 OF 2023

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PETITIONER:

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GEORGE JOSEPH AGED 65 YEARS SRAMPICKAL BIJUS COTTAGE MUTHOOR P.O THIRUVALLA, PIN - 689107

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BY ADVS. B.G.HARINDRANATH AMITH KRISHNAN H. LEJO JOSEPH GEORGE M.GOPIKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001

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2 DISTRICT COLLECTOR PATHANAMTHITTA COLLECTORATE PATHANAMTHITTA 2ND FLOOR, COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA, PIN - 689645

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3 THE REVENUE DIVISION OFFICER THIRUVALLA REVENUE DIVISIONAL OFFICE PALIKARA ROAD, THIRUVALLA, PIN - 689101

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4 THE VILLAGE OFFICER KUTTAPUZHA VILLAGE OFFICE, KUTTAPUZHA THIRUVALLA-MALLAPALLY ROAD, PIN - 689103

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OTHER PRESENT:

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B.S.SYAMANTAK, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.9516 of 2023

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.9516 of 2023

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13^th day of June, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“a) Issue a writ of mandamus directing the 3^rd respondent to consider Exhibit P5 and pass an order directing to remove the tree and its roots that has encroached into the petitioner's property resulting in the collapse of a portion of the petitioner's compound wall.

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b) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” (SIC)

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It is submitted that the petitioner and his wife are

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senior citizens. It is submitted that a portion of the petitioner's compound wall was collapsed because of the encroachment of a large tree and its roots encroaching into the petitioner's property. Hence, the petitioner approached the Revenue Divisional Officer vide Ext.P5 petition to cut and remove the tree. On receipt of Ext.P5, the 3^rd respondent directed the Village Officer, Kuttapuzha to

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W.P (C) No.9516 of 2023

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submit a report and sketch. Pursuant the said direction, the

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4^th respondent submitted Ext.P6 report and Ext.P7 rough sketch on 01.02.2023. Thereafter, the 3^rd respondent has not taken any steps in furtherance to Ext.P5 petition. Hence, this writ petition was filed.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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When this writ petition came up for consideration on 20.03.2023, this Court passed the following order:-

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“Admit. Government Pleader takes notice for the respondents.

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The learned Government Pleader seeks time to get instructions.

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The 3^rd respondent shall file a report before this Court as to whether the compound wall of the petitioner can be restored without cutting down the tree in question.

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Post after vacation.”

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As directed by this Court, a report is filed by the 3^rd respondent. It will be better to extract the relevant portion of the report. Paragraph 2 and 3 of the said report reads as follows:-

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“2. It is respectfully submitted that petitioner submitted a complaint on 28.01.2023 stating that a

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W.P (C) No.9516 of 2023

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wild Jackfruit tree located on the adjacent neighbouring property which pose danger and threat to his house and compound wall. The Village Officer. Kuttappuzha was directed to conduct an enquiry and to prepare and submit a report in to the matter raised in the complaint. Accordingly the Village Officer, Kuttappuzha submitted a report on 01.02.2023 bearing report No. 36/2023. but the aforesaid report found to be incomplete, hence village officer, Kuttapuzha was again directed to submit detailed proforma report on the above matter. Thereafter, Village Officer, Kuttapuzha submitted a proforma report stating that currently the disputed tree does not pose any threat, but this tree may pose danger and threat during heavy rainy reason. Hence, the office of this respondent decided to conduct a hearing of both parties on 17.04.2023 and the petitioner alone appeared on that date.

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It is respectfully submitted that it was decided to conduct a site inspection of the plot and it was found that a wild jack fruit about thirty years old is standing just 25 centimetres away from the boundary of the petitioner's plot penetrating its roots through the collapsed wall portion. Apart from that the wall on the eastern side boundary of the respondent is seen collapsed. The wild jack fruit tree is standing at a distance of 6 meters away from the house of the petitioner. There is every chance of uprooting of tree in a strong wind and the tree may fall down. In the above circumstances, it is advisable to cut and remove the tree.”

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W.P (C) No.9516 of 2023

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In the light of the above report submitted by the 3^rd respondent, immediate action is to be taken based on Ext.P5, after giving an opportunity of hearing to the affected parties. Since the affected party is not impleaded, I do not want to make any further observation.

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Therefore, this writ petition is disposed of with the following directions:-

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i) The 3^rd respondent is directed to consider Ext.P5 and take appropriate decision in it in the light of the report submitted by him before this Court, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.9516 of 2023

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APPENDIX OF WP(C) 9516/2023

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PETITIONER EXHIBITS

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Exhibit P1	LAND TAX RECEIPT DATED 02/11/2022
Exhibit P2	PHOTOGRAPH OF COLLAPSED PORTION OF COMPOUND WALL
Exhibit P3	PHOTOGRAPH OF THE TREE AND ITS ROOTS THAT HAVE ENROACHED/INTRUDED INTO PETITIONER PRPOERTY
Exhibit P4	PHOTOGRAPH INDICATING THE DISTANCE BETWEEN TREE AND THE PETITIONER'S BOUNDARY
Exhibit P5	PETITION BEARING EC NO 57/2023 DATED 22/01/2023 FILED BEFORE THE REVENUE DIVISION OFFICER, THIRUVALLA
Exhibit P6	REPORT DATED 01.02.2023 PREPARED BY THE VILLAGE OFFICER, KUTTAPUZHA
Exhibit P7	ROUGH SKETCH DATED 01.02.2023 PREPARED BY THE VILLAGE OFFICER, KUTTAPUZHA

George Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

George Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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