M.DEVADAS NAYAK Vs. MANJESHWAR GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner, who is the owner of a building bearing No.XV-26, 27 and 28 of the 1 st respondent Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to implement Ext.P4 order dated 19.02.2019 issued by the 2nd respondent, who is the Secretary of the 1 st respondent Grama Panchayat, whereby the 3rd respondent, who is the neighbouring property owner, is required to cut and remove within seven days, the branches of a mango tree protruding into the petitioner's property and building and also to cut and remove the coconut tree causing nuisance and damage to his building on account of falling of coconuts on the tiles.

(2.) On 10.06.2019, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to the respondents, returnable within three weeks.

(3.) On 03.07.2019, when this writ petition came up for consideration, this Court noticed that in view of the decision in Joseph v. Kadanad Grama Panchayat [2019 (3) KHC 545], exercise of power under sub-section (1) of Section 238 of the Kerala Panchayat Raj Act, 1994 can only be by the Village Panchayat and not by the Secretary of the Grama Panchayat. Having considered the submissions made by the learned counsel for the petitioner and also the learned Standing Counsel for respondents 1 and 2, this Court deemed it appropriate to implead the Director of Panchayats as additional 4th respondent.