Manjula Chellur, C.J.

1. The 1st respondent herein approached the learned Single Judge aggrieved by Ext.P2 proceedings of the 2nd respondent Secretary of Kottanadu Grama Panchayat under Section 238 of the Kerala Panchayat Raj Act, 1994 (for short 'the Act').

2. It is not in dispute that Ext.P2 order is the outcome of a resolution at Annexure A1 of Kottanadu Grama Panchayat. Learned counsel for the petitioner before the learned Single Judge contended, without hearing him, an 'Anjili' tree that was standing in his property for long time was directed to be removed within a period of 7 days after receiving Ext.P2 order. According to him, the said tree is not causing any threat or nuisance endangering the neighbouring property owner i.e. the appellant herein. According to him, Ext.P2 is nothing but an outcome of personal animosity by the present appellant against the writ petitioner and the appellant has influence with the Panchayat Committee.

3. So far as the appellant's contention before the learned Single Judge that there was no necessity even to hear the writ petitioner/the owner of the tree in question, if one has analysed the intention indicated at Section 238 (1) (a) of