KOLAMBIL KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) What types of injuries posed by a standing tree can attract action under section 133 of the Code of Criminal Procedure Does the mere inconvenience caused in the growth of the trees in the adjacent property justify the invocation of the powers under Section 133 Cr. P. C. by the Sub divisional Magistrate These are the questions that are raised in this Cri. M. C.

(2.) Proceedings were initiated against the petitioner on the basis of a complaint filed by the 2nd respondent before the Sub Divisional Magistrate. In that complaint, it is alleged that the trees standing in the property of the petitioner herein are causing nuisance to the 2nd respondent. The precise aallegations raised are that these trees impede the proper growth and development of the trees in the property of the 2nd respondent. Of course, there is a further allegation that when the wind blows, there is possibility of the branches falling and causing injury to the employees of the 2nd respondent and the improvements in his properties.

(3.) On receipt of that complaint, the Sub divisional Magistrate forwarded the complaint to the Village Officer and his report was sought. The village officer inspected the property and submitted his report dated 15-3-2001. In that it is reported that there was an agreement between the parties. But the petitioner had not complied with the undertaking to cut down all the branches as agreed by him earlier. About the nature of the nuisance, the Village Officer reported that the overhanging branches/trees are impeding the proper growth of the trees in the 2nd respondent's property. Significantly though an allegation is raised in the complaint filed by the 2nd respondent that the branches of the trees are likely to fall when wind blows and thereby cause injury to the 2nd respondent's employees and the improvements in his property, this allegation is not supported or reported in the report of the Village Officer. A conditional order was passed by the Sub Divisional Magistrate dated 20-3-2001 and the relevant observation/conclusion is expressed in the following words.