JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner and the 3rd respondent are neighbours. Alleging danger to life, the respondent preferred a complaint before the 2nd respondent Grama Panchayat to cut and remove the trees standing on the property of the petitioner. Ext.P1 is a copy of the complaint made by the 3rd respondent before the 2nd respondent Grama Panchayat, on 06.02.2018. The petitioner has also preferred a complaint dated 26.02.2018, which is placed on record as Ext.P2, for removal of truss work made on the sunshade of the residential building of the respondent, which according to the petitioner is overlapping the boundary of his property. After hearing the petitioner and the respondent, the respondent issued Ext.P3 communication dated 10.07.2018, whereby the petitioner has been asked to cut and remove the branches of the trees causing danger to the 3rd respondent. As per Ext.P3, the 3rd respondent has been asked to remove the GI sheet used for truss work, by reducing the width by 2 feet.

(2.) According to the petitioner, on receipt of Ext.P3 communication, he has complied with the directions contained therein and informed the same to the 2nd respondent, vide Ext.P4. The grievance of the petitioner is that, after Ext.P4, without any cause of action, at the instance of the respondent, Ext.P5 decision has been taken by the Panchayat Committee on 24.09.2018, whereby the petitioner is asked to cut and remove the trees standing on his property. On receipt of Ext.P5, the petitioner approached the President of the Panchayat. Thereafter, the petitioner received Ext.P6 intimation dated 26.12.2018 of the 2nd respondent, whereby he has been asked to attend the Adalath scheduled to be held on 04.01.2019. Later, the petitioner is issued with Ext.P7 show- cause notice of the 2nd respondent dated 22.02.2019, whereby he has been informed that, based on the decision in the Lok Adalath held on 04.01.2019, both sides were heard on 25.01.2019 and it was decided on 05.02.2019 to cut and remove the trees standing on the petitioner's property, failing which the Panchayat will cut and remove the same. Despite the said decision, the petitioner has not taken any steps in this regard and it is in such circumstance that the petitioner has been issued with Ext.P7 show-cause notice under Section 238 (1)(a) of the Kerala Panchayat Raj Act, whereby he has been asked to show-cause why action shall not be taken. On receipt of Ext.P7, the petitioner has submitted Ext.P8 reply and thereafter, moved this writ petition before this Court, seeking the following reliefs;

(3.) On 05.03.2019, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1st respondent and the learned Standing Counsel took notice for the 2nd respondent. Notice on admission by special messenger was ordered to the 3rd respondent, returnable by 08.03.2019.