Authorities must act on potential dangers from overhanging trees and environmental nuisances as mandated by the Kerala Panchayath Raj Act.

JUDGMENT

The case set up in the above Writ Petition (Civil) is as follows :

That the petitioner and 1st respondent are neighbors. Banana plant leafs, branches of jackfruit tree and coconut tree standing in the boundary of the property of 1st respondent are slanting into the property of petitioner. Despite Exhibit P3 communication and Exhibit P4 notice issued by the 2nd respondent, 1st respondent had not removed the trees slanting into the property of petitioner. There is also a cow barn in the property of 1st respondents near the boundary and the waste water from the cow barn will flow to the boundary and accumulate therein resulting in nuisance odor making the life of petitioner and his family members miserable. Moreover The accumulation of waste water resulted in the breeding of mosquitoes and the increase in number of mosquitoes had caused large potential health problems in the locality. The 4th respondent vide Exhibit P6 notice directed the 1st respondent to construct soakage pit to direct the flow of waste water from the cow barn. Till date the 1st respondent had not complied with the directions of 2nd and 4th respondents. Despite the petitioner preferring repeated complaints before the official respondents from the year 2017 onwards, no orders have been passed to mitigate his grievances. It is in the light of these averments and contentions, that the petitioner has filed the instant Writ Petition (Civil) with the following prayers:

“i. Issue a writ of Mandamus or such other writ, order or direction commanding the 2nd respondent to cut and remove the banana plats , branches of jackfruit trees and the coconut tree in the property of 1st respondent which are slanting on to the property of the petitioner.

ii. Issue a writ of Mandamus or such other writ, order or direction commanding the 4th respondent to direct 1st respondent to construct soakage pit so as to direct the flow of waste water from the cow barn into it.

iii. Issue a writ of Mandamus or such other writ, order or direction commanding the 5th respondent to provide necessary police assistance at the time of cutting and removing of trees slanting into the property of petitioner in the light of threat to petitioner from 1st respondent which is evident form Exhibit P5.

iv. Issue such other writ, order or direction as this Hon’ble Court may deem fit in the facts and circumstance of the case.”

2. Heard Sri.Darsan Somanath, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondent Nos.4 to 6. In the nature of the orders proposed to be passed in this Writ Petition, notices to respondent Nos.2 & 3 (Choondal Grama Panchayath) and contesting respondent No.1 will stand dispensed with.

3. The complaint of the petitioner is that the respondent-

Panchayath authorities have not taking any action to cut and remove the dangerous tree standing in the property of the contesting respondent No.1, even though it causes immediate danger and threat to the life and property of the petitioner, who is living in the adjacent property. The petitioner seeks for directions as envisaged in Sec.238 of the Kerala Panchayath Raj Act , 1994 reads as follows :

“238. Precautions in case of dangerous trees and pruning of hedges and trees.-- (1) (a) 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.

(b)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 or fence off a part of any street or take such other temporary measures as it thinks fit to prevent danger, and the cost