JUDGMENT

These connected writ petitions are filed by neighbours, complaining about the existence of certain trees in the property of the petitioner in W.P.(C) No.12441 of 2023 and contending that the afore trees have to be cut and removed insofar as the trees are creating nuisance to the petitioners in W.P.(C) No.38555 of 2022.

2. It is noticed that the Secretary of the Kolazhy Grama Panchayat – the 2^nd respondent in W.P.(C) No.12441 of 2023, has issued Exts.P2 and P6 orders by directing the trees to be cut and removed.

3. Heard Sri.Sabu George, the learned counsel for the petitioner in W.P.(C) No.12441 of 2023, Sri.Shinto Kuriakose, the learned counsel for the petitioners in W.P.(C) No.38555 of 2022, and Sri.P.P.Thajudeen, the learned counsel representing the Panchayat.

4. The learned counsel for the Panchayat would contend that the matter is now being considered by the Panchayat Committee. Sri.Sabu George, the learned counsel for the petitioner in W.P.(C) No.12441 of 2023, would also point out that the Secretary has no power or authority to issue an order in the nature of the one at Exts.P2 and P6 under the provisions of Section 238 of the Kerala Panchayat Raj Act, 1994 , since the