The court emphasizes the necessity of fair hearing before administrative decisions affecting property rights.

JUDGMENT

These writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment. WP(C)

No.38271/2025 is filed with following prayers:

I. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent – the Secretary, Alathur Grama Panchayat to take immediate and effective steps to remove or suitably prune the hazardous trees (Oong, Ashoka and Kanikkonna trees) standing within the premises of Perungulam A.U.P. School, situated adjacent to the petitioner’s property at Thattathara, Cheruthara Road, Alathur, Palakkad District, so as to avert the imminent danger posed to the petitioner’s life and property and to the safety of school children.

II. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent – the Revenue Divisional Officer, Alathur to conduct a site inspection through competent authorities, assess the risk posed by the aforesaid trees and the structurally weakened compound wall, and to issue appropriate directions to the concerned authorities for immediate removal or pruning of hazardous trees and for necessary structural reinforcements within a time frame to be fixed by this Hon’ble Court.

III. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent – the District Collector, Palakkad to supervise and ensure strict compliance with the statutory duties and with the directions already issued by the 2nd respondent dated 26.05.2025 (Exhibit P3), and to take appropriate measures in coordination with the concerned authorities to remove the hazardous trees and secure the affected structures.

IV. Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. WP(C) No.6010/2026 is filed with following prayers:

1. To issue a writ of certiorari or any other appropriate writ or order or direction to call for records leading to the issuance of Exhibit P2 notice dated 14-01- 2026 and Exhibit P4 notice dated 03-02-2026 issued by the 1^st respondent and quash the same, 2. to issue a writ of mandamus directing the 1^st respondent to hear the petitioners and the 3^rd respondent and pass fresh orders on Exhibits P2 and P4 dehors the observation contained therein

3. to issue a writ of mandamus or appropriate writ or order directing the 1^st respondent to hear the school and the 3^rd respondent and pass orders on Exhibit P5 complaint submitted by the school within a time limit fixed by this Hon’ble Court, 4. To issue a writ of mandamus or order declaring that the seven Ashoka trees standing in the school compound along the side of the property of the 3^rd respondent and the six Ashoka trees situated in the southern side of the school compound far away from the property of the 3^rd respondent is not causing danger or threat to the 3^rd respondent and the inclusion of the same in Exhibits P2 and P4 by the 1^st respondent is beyond the power vested on him and is illegal and unsustainable

5. To dispense with the translation of the documents produced in the vernacular language

6. To grant such other reliefs found fit and proper by this Hon’ble Court in the facts and circumstances of the case Interim relief.

(SIC)

2. The short point raised by the counsel for the petitioner in WP(C) No.6010/2026 is that, a hearing was not conducted before passing the impugned orders. The prayer in WP(C) No.38271/2025 is to cut and remove three trees.

3. After hearing both sides, I am of the considered opinion that the Panchayat has to reconsider the matter after giving an opportunity of hearing to both sides. To facilitate the Panchayat to reconsider the matter, Exts.P2 and P4 in WP(C) No.6010/2026 can be set aside. I make it clear that the Panchayat can pass appropriate orders in accordance with law,