SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 13459

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ANIL JOY – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent
WP(C) NO. 25164 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT
For the Respondents: SRI.R.RENJITH, SRI.M.R.JAYAPRASAD, SMT. SYLAJA S.L.

The court upheld the validity of interim measures addressing property-related disputes to prevent encroachment on neighboring rights.

Headnote:This judgment addresses the validity of an order (Ext.P2) issued by the Revenue Divisional Officer, based on a complaint regarding tree overhang affecting a neighbor's property. The court found the interim order to be justifiable, effectively upholding the steps ordered by Ext.P1, thereby reinforcing the applicant's obligation to ensure property disputes do not infringe on the rights of others. Ultimately, the court disposed of the petition in favor of maintaining the interim order.

Table of Content
1. complaint of tree overhang affecting safety. (Para 1)
2. panchayat's reliance on communication to enforce actions. (Para 2)
3. court recognizes relevance of interim provisions. (Para 4)

J U D G M E N T

The petitioner has approached this Court pointing out that the 1st respondent herein has issued Ext.P2 order essentially on the basis of a complaint filed by the 4th respondent, as per which he has been directed to cut and remove the the trees to the extent that is causing threat to the life of the 4th respondent.

2. Sri. R. Renjith, the learned counsel for the respondent-Panchayat, places reliance on the Ext.P1 communication dated 28.04.2023 issued by the Panchayat on the basis of the compliant filed by the 4th respondent, as per which the direction was only to cut and remove the overhanging branches of the trees in the petitioner’s property to the extent that they overhang into the property of the 4th respondent..

3. While admitting the writ petition on

02.08.2023, this Court has issued the following order:

“Admit. Government Pleader takes notice for respondents 1 and 3. Issue urgent notice by speed post to respondents 2 and 4.

In the meanwhile, there will be an interim order staying the operation of Ext.P2 on condition that the petitioner cuts the branches of the trees on the eastern side of his property hanging over the property of the 4th respondent, within a period of two weeks.”

4. In view of the afore, this Court notices that only the directions contained in Ext.P1 were ordered to be enforced while passing the interim order as above.

In such circumstances, I am of the opinion that the petitioner would have no grievance as regards the directions issued by this Court as above. Therefore, this writ petition would stand disposed of, making the interim order dated

02.08.2023 absolute.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top