( 1 ) A Coconut Tree, some times, becomes source of living of a citizen, but, it sometimes, becomes a subject matter of protracted litigation. Instant writ application is a dispute on a coconut tree and petitioner has come to this Writ Court challenging inaction of South Dam Dam Municipality i. e. respondents 2 and 3 under Ss. 449 (2) (b), 452, 453, 454 and 455 of the Bengal Municipal Act, 1932, though apparently this petition is directed against the respondents 2 and 3 but for all practical purposes, petitioner is aggrieved against respondents 6 and 7, refusing to remove a coconut tree which was allowed to grow in the lands of respondents 6 and 7 but adjacent to petitioner's boundary walls, causing damage to the building of the petitioner, particularly walls of chilekotha, due to constant dashing by the said coconut tree, endangering life and properties of the neighbours and passers-by members of public.

( 2 ) PETITIONER's contention is that the coconut tree is likely to fall at any moment causing damage to the property and loss of lives to the members of the public and also to the members of the petitioner's family. Petitioner requested respondents 6 and 7 t