MUHAMMEDALI KORAMBAYIL Vs. DISTRICT COLLECTOR COLLECTORATE

JUDGEMENT

(1.) The petitioner has approached this Court for a direction to respondents 3 and 4 to cut and remove the coconut trees standing in the property of the 5th respondent and close to the residence of the petitioner, which pose danger to the petitioner and his property. On Ext.P2 complaint made by the petitioner, the Secretary of the 4th respondent issued Ext.P4 notice, directing the 5th respondent to cut and remove the five coconut trees standing in her property within seven days of the receipt of the notice. Ext.P5 is the subsequent notice in this regard. Pursuant to such notice, the 5th respondent has cut and removed one coconut tree. The petitioner states that the decision of the Panchayath in Ext.P7 is without notice to him.

(2.) Heard the learned Counsel for the petitioner and the learned Government Pleader. Though notice has been issued to the 5th respondent, there is no appearance.

(3.) The learned Counsel for the Panchayat submits that the Panchayat Committee will take a fresh decision in the matter under Sec. 238 of the Kerala Panchayat Raj Act, 1994, after hearing the petitioner and the 5th respondent, within a period of one month.