KEERTHI NAGAR RESIDENTS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners seek for a direction to cut and remove an old teak tree standing adjacent to the boundary of 2nd petitioner's property. According to the petitioners, an old teak tree which is evident with signs of decay and hollow Sec. , stands adjacent to 2nd petitioner's property and he fears danger to his life and that of his family members. Though requests were made to the statutory authorities, no action has been initiated. It is further stated that an auction to cut and remove the tree was scheduled as referred to in Ext.P4 in 2019. Since no one turned up, the auction did not take place which itself indicates that the department had intentions to cut and remove the teak tree. In the above circumstances, petitioners seek for a direction to cut and remove the old teak tree.

(2.) A statement has been filed on behalf of the 4th respondent pointing out that though the Secretary of the Thrissur Corporation had requested for permission to cut and remove the dangerous teak tree, the Local Level Tree Committee constituted by the Government considered the request for cutting the tree. As per the decision on 17/7/2023, it was found that four branches of the tree alone need to be cut and removed to avoid any possible danger based upon the report of the Health Inspector.

(3.) Sri.Bharath Mohan, the learned counsel for the petitioners submitted that the tree is standing dangerously adjacent to the 2nd petitioner's property and ought to be cut and removed. It was submitted that even the four branches of the teak tree have not been cut and removed as seen from the report of the Health Inspector and that the tree still stands dangerously.