V M JOSEPH Vs. KADANAD GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of 21 Are and 10 Sq.m of land comprised in Survey No.297/7 in Block No.31 of Kadanadu village in Kottayam district, covered by Ext.P1 tax receipt, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 notice dated 9.5.2019 issued by the 2nd respondent, who is the Secretary of the 1st respondent Panchayat, invoking the provisions under sub-section (1) of section 238 of the Kerala Panchayat Raj Act, 1994 (for brevity, 'the Act'), whereby, the petitioner has been directed to cut and remove two vaka trees, three jack-fruit trees, one coconut tree and one cotton tree, on the ground that those trees are likely to fall over the house of the 3rd respondent and thereby endanger the said respondent. By Ext.P2 notice, the petitioner has been asked to cut and remove those trees within 7 days and to intimate the said fact in writing to the Grama Panchayat, failing which, further proceedings will be initiated against the petitioner under clause (b) of sub-section (1) of section 238 of the Act, on the presumption that he has no objection to that notice. A reading of Ext.P2 notice would show that based on a complaint made by the 3rd respondent, the 2nd respondent conducted a local inspection to confirm the veracity of that complaint.

(2.) On 31.5.2019, when this writ petition came up for admission, the learned Standing Counsel for Kadanad Grama Panchayat took notice on admission for respondents 1 and 2. Urgent notice on admission by speed post was ordered to the 3rd respondent, returnable within two weeks. Respondents 1 and 2 were directed to file statement.

(3.) Heard the learned counsel for the petitioner, the learned Standing Counsel for Kadanad Grama Panchayat, representing respondents 1 and 2, as also the learned counsel for the 3rd respondent.