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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, SYAM KUMAR V.M., JJ
SAJU JOSEPH – Appellant
Versus
THE KERALA STATE HUMAN RIGHTS COMMISSION – Respondent
| Table of Content |
|---|
| 1. petitioner's actions regarding tree removal under the panchayat act. (Para 1 , 2 , 4) |
| 2. commission's findings on the legality of the petitioner's actions. (Para 3 , 10 , 12) |
| 3. arguments for and against the petitioner's compliance with law. (Para 5 , 7 , 8 , 9 , 11) |
| 4. legal framework for the powers of the panchayat secretary. (Para 13 , 14 , 15) |
| 5. conclusion on the commission's authority and the legality of its orders. (Para 16 , 18) |
JUDGMENT
Dated this the 22nd day of August, 2024
Syam Kumar V.M., J.
Petitioner seeks to quash Ext.P14 Order dated 22.03.2022 issued by the Kerala State Human Rights Commission (hereinafter referred to as the ‘Commission’) which inter alia directed initiation of disciplinary proceedings against him over an Order issued by him to cut and remove two trees in the property of the 8th respondent which were complained by the 7th respondent as causing danger and threat to her life and property. Petitioner also seeks to quash Ext.P15 consequential order dated 17.06.2022 issued by the 2nd respondent.
Facts in brief :
2. While petitioner was working as the Secretary of the 6th respondent Panchayat, Ext.P1 representation was preferred before him by th
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