Public authorities must act proactively to remove hazards on municipal property posing risks to individuals.

JUDGMENT

Petitioner has approached this Court with the following reliefs :-

i] Issue a writ in the nature of mandamus or such other writ, order or direction to 5^th respondent to take action to cut and remove the dangerously standing tree as directed in Exhibit P6 Letter and recover the expenses incurred from the owner through revenue recovery proceedings, after following due procedure.

ii] Issue a writ in the nature of mandamus or such other writ, order or direction to respondents 3 to 7 to ensure that the nuisance and danger caused by the dangerous tree is removed by taking appropriate action as mandated by law.

2. Petitioner is the owner of a property in Resurvey No.23/1 of Block No.153 of Thiruvalla Village. Petitioner alleges that a wild jackfruit tree stands near to the compound wall of the petitioner’s property and since its roots are decayed, it poses serious danger. It is also alleged that branches lean towards electric lines as well. Despite various attempts, there was no relief and the tree stands dangerously on the property of the Municipality. Petitioner contends that under Section 412 (2) of the Kerala Municipality Act , 1994, power is vested with the Secretary to direct cutting and removal of the tree.

3. During the course of the pendency of the writ petition, a report of the Village Officer was sought. The learned Government Pleader submitted that the report revealed that the tree stands on Municipality property.

4. The Municipality has submitted that it has no objection in cutting and removing the tree, in the light of the report submitted by the village officer/6th respondent.

In view of the above, there will be a direction to the 5th respondent to cut and remove the tree standing on the property of the Municipality and overhanging into the petitioner's property, as expeditiously as possible, at any rate, within an outer period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

sd/-