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2019 Supreme(Ker) 343

ANIL K.NARENDRAN
V. M. Joseph – Appellant
Versus
Kadanad Grama Panchayath, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri.Justine Jacob, Smt.Amrutha P S, Smt.A.P.Beelamma, Smt.K.P.Amrutha, Smt.Resmi Thomas, Sri.K.S.Arun Kumar, Advs.
For the Respondent: Sri.Georgekutty Mathew, Sc, Kadanad Grama Panchayat, Sri.Frinso Mathew, Sri Frinso Mathew, Advs.

JUDGMENT :

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.P

















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