N.RAMACHANDRAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to direct respondents 4 to 7 to cut and remove the Vaka tree standing in the property of the 7th respondent, situated in a dangerous condition, causing imminent danger to the life of the petitioner and the public and abate the nuisance within a stipulated time as directed by this Court.

(2.) The petitioner states that he is a senior citizen conducting a tea shop at Randalummood Junction in Thalavoor Village, for livelihood. The 7 th respondent is a close relative of the petitioner having title of 2.62 Ares of property situated at Randalummood Junction adjacent to the shop of the petitioner. A Vaka tree is standing in the property adjacent to the PWD road. The tree is 35 year old, tall and spreading branches over a large area. The tree and branches are likely to fall over the tea shop of the petitioner and the adjacent shop rooms. The tree as it stands, is a threat to the life of the public.

(3.) On complaints filed by the petitioner before the 2nd respondent-District Collector seeking to cut and remove the tree, the 2nd respondent directed the Secretary to the additional 8th respondent-Panchayat to take steps to cut the branches of the tree if found dangerous to the public. No action was taken by the additional 8th respondent. The petitioner again made complaints to the 2nd respondent. The 2nd respondent directed the 4th respondent-Assistant Engineer, PWD to enquire and report. The 4 th respondent took steps to cut and remove the tree. However, no positive results were seen.