The complaint of the petitioner is that, certain trees standing in the property of the second respondent are overhanging the property of the petitioner causing damage and destruction to the rubber trees in his property. Though the petitioner has submitted Ext.P2 complaint regarding the trees to the first respondent, according to him no action has been taken thereon, till date. The petitioner therefore, seeks the issue of appropriate directions for the consideration of Ext.P2. Adv. Alex M.Scaria appears for the Panchayat. According to the counsel, going by the averments contained in the writ petition the trees are not standing in a dangerous condition. Since, even according to the petitioner, trees are not standing in a dangerous condition it is contended that the jurisdiction of the Panchayat under Section 238 of the Kerala Panchayat Raj Act, 1994 (the 'Act' for short) is not attracted. My attention is also drawn to Ext.P4 report of the Village Officer submitted to the Revenue Divisional Officer, wherein what is stated is only that, the trees of the second respondent are leaning into the property of the petitioner with its branches spread over his rubber trees. Therefore this is a case of trespass for the removal of which the petitioner would have to approach the competent Civil Court. 2. The petitioner places reliance on the decision of a Division Bench of this Court dated 10.1.2013 in W.A.2030/2012.
3. Heard. A perusal of Section 238 of the Act shows that the Village Panchayat has got the power to take appropriate action where any tree is deemed by the Panchayat “to be likely to fall and thereby endanger any person or any structure or any cultivation”. It is not in dispute that the trees in the property of the second respondent are leaning into the property of the petitioner and over the cultivation that is effected in his property. In order to ascertain whether the trees are likely to fall or endanger the cultivation of the petitioner in any manner, an inspection of the property would have to be conducted. The Panchayat would necessarily have to conduct such an inspection, ascertain what is the nature of the injury that has been caused to the petitioner and whether there is a likelihood of the trees falling and destroying the petitioner's cultivation. Ext.P2 petition has been submitted on 28.9.2011. It is unfortunate the Panchayat has not conducted an inspection or acted on Ext.P2 till date. The Division Bench has also in the judgment in W.A.2030/2012 found that the Panchayat is armed with sufficient powers to redress the grievances of the petitioner.
4. In view of the above, it is only appropriate that the Panchayat considers the complaint of the petitioner, inspects the site and the disputed trees and passes final orders on Ext.P2 without further delay.
This writ petition is therefore disposed of directing the first respondent to consider Ext.P2 complaint in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge