Disposed

K.G Mathew, v. District Collector, Alappuzha

Kerala HC7 Mar 2025WP(C)/37608/2024

Case brief

AI extract

What is this about?

Writ petition challenging the non-compliance and dismissal of notice to cut tree branches. Court directed the Municipal Secretary to initiate proceedings and implement the order within one month as the 5th respondent refused notice.

What did the court decide?

Directing the 4th respondent to initiate further proceedings and implement the order to cut and remove tree branches within one month.

K.G Mathew, Vs District Collector… — Constitutional and Fundamental Rights | Kerala HC (2025)

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2025:KER:20528

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WP(C) No.37608 OF 2024

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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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 37608 OF 2024

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PETITIONER/S:

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K.G MATHEW,
AGED 61 YEARS
S/O K.A GEORGE, ASHARIPARAMBIL (H), YAMUNA NAGAR,
CHENGANNUR TALUK, CHENGANNUR, ALAPPUZHA,, PIN - 689121

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BY ADVS.
V.VIJITHA

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HARISHMA P. THAMPI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, CIVIL STATION, ALAPPUZHA, KERALA, PIN - 688001

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2 SUB DIVISIONAL MAGISTRATE, CHENGANNUR SUB DIVISION, CHENGANNUR, ALAPPUZHA,, PIN - 689121

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3 CHENGANNUR MUNICIPALITY, CHENGANNUR, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 689121

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4 MUNICIPAL SECRETARY, CHENGANNUR MUNICIPALITY, CHENGANNUR, ALAPPUZHA,, PIN - 689121

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5 MARIYAMMA ABRAHAM, AGED 78 YEARS, D/O ABRAHAM, KALLUZHATHIL (H), YAMUNA NAGAR, CHENGANNUR TALUK, CHENGANNUR, ALAPPUZHA,, PIN - 689121

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WP(C) No.37608 OF 2024

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2025:KER:20528

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BY ADV Haridas V N

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OTHER PRESENT:

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Smt.Preetha.K.K, Sr.G.P

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.37608 OF 2024

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2025:KER:20528

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J U D G M E N T

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Notice to the 5^th respondent is returned with an endorsement ‘Refused to take’. The relief sought by the petitioner is to implement Ext.P7 order by which the notice was issued to the 5^th respondent to cut and remove the branches of the tree which is causing danger to the petitioner.

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In such circumstances, this writ petition is disposed of directing the 4 th respondent to initiate further proceedings pursuant to Ext.P7 and implement the same as expeditiously as possible within a period of one month from the date of receipt of copy of this judgment.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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SM/22.03

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2025:KER:20528

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WP(C) No.37608 OF 2024

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APPENDIX OF WP(C) 37608/2024

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE PHOTOGRAPH
Exhibit P2A TRUE COPY OF THE REPRESENTATION DATED
13.02.2020 PREFERRED BEFORE THE 4TH
RESPONDENT
Exhibit P3A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 21.02.2022
Exhibit P4A TRUE COPY OF THE COMPLAINT DATED 14.12.2022
PREFERRED BEFORE THE 2ND RESPONDENT
Exhibit P5A TRUE COPY OF THE ORDER DATED 14.02.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P6A TRUE COPY OF THE HEARING NOTICE DATED
11.03.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P7A TRUE COPY OF THE FINAL ORDER DATED
08.07.2024 ISSUED BY THE 4TH RESPONDENT

K.G Mathew, v. District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

K.G Mathew, v. District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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