2025:KER:30272 Crl.M.C.No.8226 of 2019 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 CRL.MC NO. 8226 OF 2019 AGAINST THE ORDER DATED 20.07.2019 IN CRL.RP NO.7 OF 2017 OF DISTRICT COURT & SESSIONS COURT, THALASSERY ARISING OUT OF THE ORDER DATED 11.08.2016 IN MP NO.23 OF 2014 OF SUB DIVISIONAL MAGISTRATE, THALASSERY PETITIONER/REVIEW PETITIONER/COUNTER PETITIONER: P.V.CHACKO AGED 75 YEARS, S/O.VARKEY, PULLATKALAYIL HOUSE, VAZHAKKADAM, PULINGOME VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENTS/RESPONDENTS/STATE & PETITIONER: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2 THE VILLAGE OFFICER PULINGOME VILLAGE, KANNUR DISTRICT-670511 BY ADV. SRI SANGEETHARAJ NR, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:30272 Crl.M.C.No.8226 of 2019 -2- G. GIRISH, J. ----------------------------- Crl.M.C.No.8226 of 2019 ----------------------------------------- Dated this the 8th day of April, 2025 ORDER The petitioner, who is the counter petitioner in M.P.No.23 of 2014 on the files of the Sub Divisional Magistrate Court, Thalassery, has filed this petition under Section 482 of the Cr.P.C., against the concurrent verdicts of the learned Sub Divisional Magistrate, as well as the learned Sessions Judge, Thalassery, in the matter of a direction to cut and remove an overhanging coconut tree situated in the landed property of the petitioner. 2. The Village Officer, Pulingome, reported before the Sub Divisional Magistrate Court, Thalassery, about the danger posed by an overhanging coconut tree situated in the landed property of the petitioner, which extended towards the property in which the Village Office was situated. The learned Sub Divisional Magistrate conducted the necessary enquiry as contemplated under Section 133 of Cr.P.C, and passed a conditional order at the first instance. After hearing the 2025:KER:30272 Crl.M.C.No.8226 of 2019 -3- parties, the Final Order was passed on 11.08.2016, directing the petitioner to cut and remove the above said coconut tree and to abate the danger. The aforesaid direction was challenged by the petitioner by filing Crl.Rev.Pet.No.7 of 2017 before the Sessions Court, Thalassery. The learned Sessions Judge, after a re-appraisal of the entire evidence, found that there is absolutely no reason to interfere with the direction of the learned Sub Divisional Magistrate to cut and remove the coconut tree which was causing danger to public safety. In the present petition, the petitioner challenges the concurrent verdicts of the above authorities. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the respondents. 4. It is seen from the records that the learned Sub Divisional Magistrate has passed Annexure-A3 order after following the requisite procedures envisaged under Sections 133 and 138 of the Cr.P.C. In addition to the enquiries conducted by his subordinate officers, the learned Sub Divisional Magistrate himself is seen to have conducted a local investigation and got convinced about the dangerous situation 2025:KER:30272 Crl.M.C.No.8226 of 2019 -4- prevailing there due to the existence of the overhanging coconut tree which stood in the landed property of the petitioner. All the above aspects have been dealt with in detail by the learned Sessions Judge in the Criminal Revision filed by the petitioner. I find no reason to interfere with the concurrent findings of the learned Sub Divisional Magistrate and the learned Sessions Judge in the above regard. Needless to say that the relief sought for in this petition to quash the orders passed by the learned Sub Divisional Magistrate and the learned Sessions Judge, cannot be entertained. In the result, the petition is hereby dismissed. Sd/- G. GIRISH JUDGE ded 2025:KER:30272 Crl.M.C.No.8226 of 2019 -5- APPENDIX OF CRL.MC 8226/2019 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN M.P.NO.23/2014 BEFORE THE SUB DIVISIONAL MAGISTRATE COURT, THALASSERY ANNEXURE A2 TRUE COPY OF THE ARGUMENT NOTE FILED BY THE PETITIONER'S COUNSEL IN M.P.NO.23/2014 BEFORE THE SUB DIVISIONAL MAGISTRATE COURT, THALASSERY ANNEXURE A3 TRUE COPY OF THE ORDER DATED 11.8.2016 IN M.P.NO.23/2014 OF THE LEARNED SUB DIVISIONAL MAGISTRATE, THALASSERY ANNEXURE A4 CERTIFIED COPY OF THE ORDER DATED 20.07.2019 IN CRL.R.P.NO.7/2017 OF SESSIONS COURT, THALASSERY