A writ of mandamus may be issued directing statutory authorities to exercise their legal duties and conclude pending proceedings regarding hazardous trees after providing a fair hearing to the concerned parties.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i. To issue a writ of mandamus, such other writ or order or direction to the Respondents No 1 to 4 respondent to take immediate steps to cut and remove the mango tree and coconut tree standing in the 5th respondents property which causing danger to the petitioner’s life and property;

ii. Dispense with the production of translation of vernacular documents iii. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.” [SIC]

2. The grievance of the petitioner is that the trees situated in the property of the 5^th respondent is dangerously leaning towards the building of the petitioner and the same is in a dangerous condition. The petitioner approached the statutory authorities to cut and remove the trees. As per Ext.P4, the petitioner was informed by the Panchayat that a notice is issued to the 5^th respondent. Even then, there is no further proceedings is the grievance.

Hence, this writ petition is filed.

3. Heard, the learned counsel appearing for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the 3^rd respondent Panchayat. The manner in which this writ petition is going to be disposed of, no notice is necessary to the 5^th respondent. If the 5^th respondent is aggrieved by any of the directions issued by this Court, the 5^th respondent is free to file a review petition before this Court.

4. Admittedly Ext.P4 proceedings is initiated by the

4^th respondent. The Standing Counsel appearing for the 3^rd respondent submitted that, when an attempt was made to cut and remove the trees, that was disputed by the petitioner. I don’t want to make any observation about the same. Since, Ext.P4 is already issued, the 3^rd respondent can conclude the proceedings, after giving an opportunity of hearing to the petitioner and the 5^th respondent.

Therefore, this Writ Petition is disposed of in the following directions:

1. The 3^rd respondent is directed to conclude the proceedings and do the needful based on Ext.P4 proceedings, after giving sufficient opportunity of hearing to the petitioner and the 5^th respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.