Important Points:
The proceedings that can be initiated against the petitioner based on the complaint made by the 3rd respondent falls under sub-section (1) of section 238 of the Act, which has to be initiated by a notice issued by the Village Panchayat under clause (a) of sub-section (1), if immediate action under clause (b) of sub-section (1) is not warranted- Ext.P2 notice issued by the 2nd respondent, who is the Secretary of the 1st respondent Panchayat, is one issued absolutely without any authority of law.

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 2nd, the 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.

4. The sole issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P2 notice dated 9.5.2019 issued by the 2nd respondent.

5. Section 238 of the Act deals with precautions in cases of dangerous trees and pruning of hedges and trees. Sub-section (1) of Section 238 deals with the powers of a Village Panchayat. As per clause (a) of sub-section (1) of Section 238, if any tree or any branch or portion of a tree or the fruits of any tree be deemed by the Village Panchayat to be likely to fall and thereby endanger any person or any structure or any cultivation, the Village Panchayat may, by notice, require the owner of the said tree to secure, lop or cut down the said tree or remove the fruits thereof so as to prevent any danger therefrom. As per clause (b) of sub-section (1), if immediate action is necessary, the Village Panchayat shall itself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or remove the fruit thereof, fence off a part of any street or take such other temporary measures as it thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the same manner as an arrear of public revenue due on land. As per clause (c) of sub-section (1), if any tree or the branch thereof in the opinion of the Village Panchayat, causes pollution to the drinking water of a well or tank, the Village Panchayat may, by notice, require the owner of such tree to cut down and remove such tree or branch thereof.

6. Sub-section (2) of Section 238 of the Act deals with the power of the Secretary of a Village Panchayat. As per sub-section (2), the Secretary of a Village Panchayat may, without notice, (a) trim or prune any hedge bordering on a public street so that it may not exceed such height from the level of the adjoining roadways as may be provided for this purpose; or (b) cut and trim any hedge or tree overhanging the said trees and obstructing it or the view of traffic or causing damage to it; or (c) remove fallen trees on public roads and