Cherian vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2020

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Citation: sooperkanoon.com/1776552
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jun 30, 2020
Case Number: WP(C)/12218/2020

Parties & Advocates

Appellant / Petitioner

Cherian

Respondent

State of Kerala

Excerpt

.....this the 30th day of june 2020 this writ petition is filed seeking the following prayers: “i) issue a writ of mandamus or such other writ, order or direction directing the 3rd respondent to implement exhibit p1order at the earliest.ii) issue a writ of mandamus or such other writ, order or direction directing the 3rd respondent to take action on exhibit p3 representation at the earliest.”2. heard the learned counsel for the petitioner and the learned government pleader.3. it is submitted by the learned counsel for the petitionerthat there are two old coconut trees standing on the kollapady- kutta colony public road which are standing in a dangerous condition and that ext.p1 order had already been issued on 13.01.2020 by the revenue divisional officer directing the cutting and removal of the trees which pose serious threat to the public who use the road. it is submitted that it was on the basis of ext.p2 report that ext.p1 order has been issued. however, it is submitted that in spite of the said order, no steps have been taken to cut and remove the trees.4. the learned government pleader submits that appropriate follow up action shall be taken on the basis of ext.p1, if ext.p1 has not been varied or altered in any manner. the said submission is recorded.there will, accordingly, be a direction to respondents 3 and 4 to see that ext.p1 order is implemented, if the same has not been varied or altered. appropriate steps shall be taken within a period of three weeks from the date of receipt of a copy of thisjudgment.this writ petition is ordered accordingly. sd/- anu sivaraman judge svp appendix petitioner's/s exhibits: exhibit p1 true copy of the communication issued by the 2nd respondent to the 4th respondent dated 13.1.2020. exhibit p2 true copy of the report of the 4th respondent dated 12.12.2019. exhibit p3 true copy of the representation preferred to the 3rd respondent dated 27.5.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 PETITIONER: CHERIAN AGED 60 YEARS S/O. MATHAI, KUTTEKUDIYIL HOUSE, KANINADU P.O., PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT-682 308. BY ADVS. SRI.VIPIN NARAYAN SRUTHY N. BHAT RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 REVENUE DIVISIONAL OFFICER MINI CIVIL STATION, MUVATTUPUZHA-686 669. 3 TAHASILDAR KUNNATHUNADU TALUK, CIVIL STATION, 4 TAHASILDAR(LAND RECORDS) KUNNATHNADU TALUK, CIVIL STATION, 5 STATION HOUSE OFFICER PUTHENCRUZ POLICE STATION, PUTHENCRUZ-682 308. GP RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of June 2020 This writ petition is filed seeking the following prayers: “i) Issue a writ of Mandamus or such other writ, order or direction directing the 3rd respondent to implement exhibit P1

order at the earliest.

ii) Issue a writ of Mandamus or such other writ, order or direction directing the 3rd respondent to take action on Exhibit P3 representation at the earliest.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that there are two old coconut trees standing on the Kollapady- Kutta Colony public road which are standing in a dangerous condition and that Ext.P1 order had already been issued on 13.01.2020 by the Revenue Divisional Officer directing the cutting and removal of the trees which pose serious threat to the public who use the road. It is submitted that it was on the basis of Ext.P2 report that Ext.P1 order has been issued. However, it is submitted that in spite of the said order, no steps have been taken to cut and remove the trees.

4. The learned Government Pleader submits that appropriate follow up action shall be taken on the basis of Ext.P1, if Ext.P1 has not been varied or altered in any manner. The said submission is recorded.

There will, accordingly, be a direction to respondents 3 and 4 to see that Ext.P1 order is implemented, if the same has not been varied or altered. Appropriate steps shall be taken within a period of three weeks from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SVP APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 13.1.2020. EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 12.12.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION PREFERRED TO THE 3RD RESPONDENT DATED 27.5.2020.

Same Court & Year Kerala · 2020 Same Parties Cherian vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman