IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SURESH BABU – Appellant
Versus
MUTHUTHALA GRAMA PANCHAYATH – Respondent
WP(C) NO. 48227 OF 2025
| Table of Content |
|---|
| 1. statutory obligations of local government. (Para 1 , 2) |
| 2. judicial directions to ensure compliance. (Para 3) |
| 3. mandate to conclude proceedings promptly. (Para 4) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
“i. To issue a writ of mandamus or other writ or any other appropriate writ order or direction, directing the respondents 1 to 3 to take necessary action pursuant to Ext. P2 notice and Ext. P6 communication in accordance with Section 238 of the Kerala Panchayath Raj Act as expeditiously as possible within a time frame fixed by this Hon’ble Court;
ii. Issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.
iii. Dispense with the translation of vernacular documents;
iv. To grant such other reliefs which this Hon’ble Court may deem fit and proper in the nature and circumstances of the case interest of justice.” (SIC)
2. The petitioner is aggrieved by the falling of tree branches from the property of respondents 5 to 7 onto his property. Accordingly, the petitioner approached the Panchayat, seeking permission to cut and remove the trees abutting his property. When the matter reached the Revenue Divisional Officer, Ext.P6 proceedings was issued directing the Panchayat to consider the grievance of the petitioner. Even now, the application is not considered is the grievance. Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. No notice is necessary to respondent Nos.1 to 3 and 5 to 7 because of the manner in which this writ petition is going to be disposed of. If they are aggrieved by any of the directions issued by this Court, they are free to file review petition before this Court.
4. This Court perused Ext.P6. A perusal of the same itself would show that the matter is pending before the 1st respondent Panchayat. Therefore, there can be a direction to the 1st respondent Panchayat to conclude the proceedings initiated based on the complaint filed by the petitioner as evident from Ext.P1 receipt and Ext.P6, within a time frame, after giving sufficient opportunity of hearing to the petitioner and respondent Nos.5 to 7. If the application is pending before the 2nd respondent, the 2nd respondent will place the same before the Panchayat Committee, so that the Panchayat Committee can consider the same, in the light of Section 238 of the Kerala Panchayat Raj Act .
Therefore, this writ petition is disposed of with the following directions:
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