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2024 Supreme(Online)(Ker) 83199

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


Advocates:
For the Appellants/Petitioners: K.S.PRENJITH KUMAR, JISMIN JOSE, BEA MARY BENNY, ACHUTH KRISHNAN R.
For the Respondents: Unnikrishnan V Alapatt, GIRIJA K GOPAL, Varghese Parambil, ALBERT JOSEPH(K/2734/1999), PARVATHY.V(K/2402/2021), K.N.VIGY(K/902/1998), SMT.K R DEEPA, GOVERNMENT PLEADER

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 the 7th respondent pointing out that two trees precariously positioned close to her dwelling house within her neighbour’s (8th respondent’s) compound are posing danger and imminent threat to her life and property. It was stated in Ext.P1 that the said trees could at any time fall onto the residential house of the 7th respondent wherein she is staying with her differently-abled son, as her husband was away in connection with his avocation. Upon receipt o

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