HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR v. MENON FRIDAY, THE

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 38555 OF 2022 PETITIONERS: 1 2 UNNIKRISHNAN, AGED 60 YEARS, S/O. AYYAPPAN, MANAKKULAM PARAMBIL HOUSE, KUTTUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 013. SUSEELA, AGED 57 YEARS, W/O. UNNIKRISHNAN, MANAKKULAM PARAMBIL HOUSE, KUTTUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 013. BY ADVS. SHINTO KURIAKOSE MANU KURIAN (K/00000081/2023) RESPONDENTS: 1 2 3 KOLAZHY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU P. O., THIRUR, THRISSUR DISTRICT, PIN - 680 581. THE SECRETARY, KOLAZHY GRAMA PANCHAYAT, MULAMKUNNATHUKAVU P. O., THIRUR, THRISSUR DISTRICT, PIN - 680 581. K. V. CHANDRIKA, AGED ABOUT 60 YEARS, W/O. LATE (RETD.) SUB. K. PANKAJAKSHAN, KALLAATU HOUSE, KUTTUR P. O., THRISSUR DISTRICT, PIN -680 013. W.P.(C) Nos.12441 of 2023 & 38555 of 2022 4 4 STATION HOUSE OFFICER, VIYYUR POLICE STATION, RAMAVARMAPURAM P.O, THRISSUR DISTRICT, PIN- 680631. BY ADVS. SANTHOSH P.PODUVAL MANU VYASAN PETER P.B.KRISHNAN(K/1193/1994) P.B.SUBRAMANYAN(K/1145/2009) SABU GEORGE(K/000711/1998) P P THAJUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

28.03.2025, ALONG WITH WP(C).12441/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.12441 of 2023 & 38555 of 2022 5 JUDGMENT These connected writ petitions are filed by neighbours, complaining about the existence of certain trees in the property of the petitioner in W.P.(C) No.12441 of 2023 and contending that the afore trees have to be cut and removed insofar as the trees are creating nuisance to the petitioners in W.P.(C) No.38555 of

2. It is noticed that the Secretary of the Kolazhy Grama Panchayat – the 2nd respondent in W.P.(C) No.12441 of 2023, has issued Exts.P2 and P6 orders by directing the trees to be cut and removed.

3. Heard Sri.Sabu George, the learned counsel for the petitioner in W.P.(C) No.12441 of 2023, Sri.Shinto Kuriakose, the learned counsel for the petitioners in W.P.(C) No.38555 of 2022, and Sri.P.P.Thajudeen, the learned counsel representing the Panchayat.

4. The learned counsel for the Panchayat would contend that the matter is now being considered by the Panchayat Committee. Sri.Sabu George, the learned counsel for the petitioner in W.P.(C) No.12441 of 2023, would also point out that W.P.(C) Nos.12441 of 2023 & 38555 of 2022 6 the Secretary has no power or authority to issue an order in the nature of the one at Exts.P2 and P6 under the provisions of Section 238 of the Kerala Panchayat Raj Act, 1994, since the decision has to be taken by the Panchayat Committee.

5. I have considered the rival submissions as well as the connected records.

6. Insofar as the issue is now being admittedly considered by the Panchayat Committee, I am of the opinion that these writ petitions can be disposed of by directing the Panchayat Committee to take a decision in the matter after hearing the respective petitioners or their representatives, as expeditiously as possible, at any rate, within a period of six weeks from today.

7. I direct the Secretary of the Panchayat to have a conference with the respective petitioners and try to have a settlement in the matter. These writ petitions are disposed of as above. Sd/- HARISANKAR V. MENON JUDGE W.P.(C) Nos.12441 of 2023 & 38555 of 2022 7 APPENDIX OF WP(C) 12441/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL08014702708/2022 DATED 04.06.2022 ISSUED BY THE VILLAGE OFFICER, KUTTOOR TRUE COPY OF THE ORDER DATED 23.04.2022 ISSUED KOLAZHY GRAMAPANCHAYATH SECRETARY, THE BY Exhibit P3 TRUE COPY OF THE REPLY DATED 10.04.2022 SUBMITTED BY THE PETITIONER Exhibit P4 TRUE COPY OF THE PHOTOGRAPH Exhibit P5 TRUE COPY OF THE PHOTOGRAPH Exhibit P6 TRUE COPY OF THE NOTICE DATED 01.12.2022 ISSUED KOLAZHY GRAMAPANCHAYATH SECRETARY, THE BY W.P.(C) Nos.12441 of 2023 & 38555 of 2022 8 APPENDIX OF WP(C) 38555/2022 PETITIONERS’ EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 23-04-2022 BEARING NO.S2/2540/22 U/S. 238 OF THE KERALA PANCHAYAT RAJ ACT, 1994 TRUE COPY OF THE REPORT OF THE TAHSILDAR, THRISSUR FORWARDED TO RDO THRISSUR DATED 07-10-2006 BEARING NO. C6-24961/2006/ N.DIS. TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER DATED 07.03.2018 TRUE COPY OF THE ORDER DATED 16-04-2018 BEARING NO. 1580/18 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT TRUE COPY OF THE PETITION DATED 07.03.2022 2ND PETITIONER TO THE 2ND RESPONDENT PREFERRED THE BY TRUE COPY OF THE RTI APPLICATION DATED 23.05.2022 PREFERRED BY THE PETITIONERS TO THE 2ND RESPONDENT TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT PANCHAYAT TO THE PETITIONER, DATED 21.06.2022 BEARING NO. S2/677/22 Exhibit P8 FINAL ORDER PASSED BY 1ST AND 2ND REPONDNTS DATED 23.09.2024 RESPONDENTS’ EXHIBITS Exhibit R3(a) TRUE COPY OF THE PHOTOGRAPH Exhibit R3(b) TRUE COPY OF THE PHOTOGRAPH W.P.(C) Nos.12441 of 2023 & 38555 of 2022 9 Exhibit R1 (a) TRUE COPY OF THE NOTICE DATED 1/12/22 BEARING NO.400688/PSDT02/GOP/2022/1731 (1) PASSED U/S.238 OF THE KERALA PANCHAYAT RAJ ACT, 1994