Decisions regarding tree removal must be made by the Panchayat committee under Section 238 of the Kerala Panchayat Raj Act, 1994.

JUDGMENT

The above writ petition is filed with following prayers :

1) “To call for records leading to Exhibit P2 and to quash the same by issuing a writ of Certiorari or any other appropriate writ or order, in the interest of justice;

2) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents no.2 & 3 to take consider Exhibit P4 representation in terms of law, expeditiously within a time limit fixed by this Hon’ble Court;

3) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents no.2 & 3 to take reconsider the issue of Mahogony trees in the property of petitioners by giving opportunity of hearing and based on scientific study, within a time limit fixed by this Hon’ble Court;

4) Dispense with the filing of English translation of Exhibits in vernacular; And 5) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice”

[sic]

2. The main prayer in this writ petition is to set aside Ext.P2 proceedings issued by the Secretary of the Panchayat directing the petitioners to cut and remove a tree. The short point raised by the petitioners is that the Secretary has no jurisdiction to decide the same as per Sec.238 of the Kerala Panchayat Raj Act , 1994 and only the committee of the Panchayat has to take a decision. Now, a counter affidavit is filed by the 2^nd respondent-Panchayat producing Ext.R2(d), in which it is stated that the Panchayat itself decided to hear the parties. If that is the case, there can be a direction to the Panchayat committee to conclude the proceedings initiated as evident by Ext.R2(d) within a time frame after hearing all the parties. While deciding the matter, all available reports including Ext.R2(b) also will be considered.

Therefore, this writ petition is disposed of with the following directions :

1) The Panchayat Committee of the 2^nd respondent will conclude the proceedings initiated as evident by Ext.R2(d) after giving sufficient opportunity of hearing to the petitioners and the 4^th respondent as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2) All the contentions of the petitioners and the 4^th respondent are left open and they are free to agitate the same before the Panchayat committee.

Sd/-