The petitioner who is the owner in possession of 2.70 ares of property comprised in survey Nos.490/1 and 492/1 of Chandamangalam Village is aggrieved by the inaction on the part of the first respondent to prune the tree standing in the property of the second respondent that leans into his property and posing danger to the property and lives of the petitioner and his family members. Earlier, the petitioner preferred a complaint before the Sub Divisional magistrate as M.C.No.139/13/M. Ext.P4 provisional order was passed on 26.12.2013 and the parties were directed to appear before the Sub Divisional Magistrate on 3.1.2014. Admittedly, no final orders were passed thereon finalising the provisional order and at the same time on the complaint preferred by the petitioner the Sub Divisional Magistrate directed the Panchayat to take appropriate action after hearing the parties. Later, Ext.P6 notice was issued by the W.P.(C) No. 13300 of 2014 2 Secretary of the first respondent. The captioned writ petition has been filed with a prayer to issue a writ of mandamus commanding the first respondent to take immediate action based on Ext.P5. 2. I have heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the first respondent and also the learned counsel for the second respondent.
3. The learned standing counsel for the first respondent submitted that notice for conducting a hearing based on the complaint made by the petitioner was served on the second respondent on 5.5.2014 and he was also called to submit his objections, if any. Thus, it is obvious that already steps were initiated by the first respondent. Since appropriate directions have already been issued by the Sub Divisional Magistrate on the petitioner's complaint by directing the first respondent to take appropriate action and the first respondent has already initiated steps to comply with the direction in that regard I am of the view that the first respondent has to proceed with such steps.
W.P.(C) No. 13300 of 2014 3 Therefore, there will be a direction to the first respondent to complete the proceedings initiated pursuant to such directions issued by the Sub Divisional Magistrate and pass appropriate orders/ take appropriate steps expeditiously and at any rate within a period of one month from today after affording an opportunity of being heard to the petitioner as also the second respondent. This writ petition is accordingly disposed of.
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C.T.RAVIKUMAR,JUDGE.
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