2025:KER:21642 WP(C) NO. 39320 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 39320 OF 2024 PETITIONER: ROSAMMA AGUSTINE ALIAS ALICE, AGED 46 YEARS, KOCHUPARAMBIL (H), ANTHINAD PO, KOTTAYAM, PIN - 686651 BY ADVS. ELIZEBATH GEORGE CYRIAC KURIAN EMMANUEL CYRIAC RESPONDENTS: 1 THE CHAIRMAN, DISTRICT DISASTER MANAGEMENT AUTHORITY & DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN - 686002 2 KAROOR GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, NEDUMPARA KAROOR, KOTTAYAM, PIN – 686574 2025:KER:21642 WP(C) NO. 39320 OF 2024 2 3 KAROOR GRAM PANCHAYAT COMMITTEE, REP. ITS THE PRESIDENT NEDUMPARA, KAROOR, KOTTAYAM, PIN - 686574 4 BENNY JOSEPH, KALATHUKULANGARA (H), ANTHINAD PO, KOTTAYAM, PIN - 686651 BY ADVS. SUNIL CYRIAC, SC P.C. HARIDAS V. ARJUN(K/1124/2022) SMT.DEEPA.V,.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:21642 WP(C) NO. 39320 OF 2024 3 JUDGMENT The petitioner has submitted this writ petition being aggrieved by the inaction on the part of the respondents 2 and 3 in cutting and removing the overhanging branches of certain trees standing on the property of the 4th respondent, which is causing a threat to the petitioner and her property. The petitioner submitted Ext.P6 complaint in this regard before the Secretary to the 2nd respondent but according to her no action has been taken. Later, acting upon the complaint of the petitioner, the 1st respondent also directed the 2nd respondent to take necessary steps, as evidenced by Ext P7. 2. A counter affidavit has been submitted by the 4th respondent, wherein it is asserted that, all the trees branches of which were overhanging to the petitioner’s property were cut and removed. Therefore, no further proceedings are necessary. The said fact is disputed by the learned Counsel for the petitioner. 3. Anyhow, since the petitioner submitted Ext.P6 2025:KER:21642 WP(C) NO. 39320 OF 2024 4 representation, it is only proper that a decision thereon be taken by the 3rd respondent on the same. In such circumstances, this writ petition is disposed of directing the Secretary to the 2nd respondent to place the representation before the 3rd respondent committee to enable them to take a decision on the same after hearing the petitioner and the 4th respondent. Necessary orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:21642 WP(C) NO. 39320 OF 2024 5 APPENDIX OF WP(C) 39320/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 11- 09-2023 SUBMITTED TO THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 25- 01-2024 SUBMITTED TO THE CM Exhibit P3 TRUE COPY OF DECISION TAKEN BY THE PANCHAYAT COMMITTEE DATED 26-02-2024 Exhibit P4 TRUE COPY OF DECISION TAKEN BY THE PANCHAYAT COMMITTEE DATED 02-03-2024 Exhibit P5 TRUE COPY OF THE PROCEEDING NO. 400488/GGGR12/GPO/2024 /3506/(1) DATED 24-07-2024 Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 31- 07-2024 SUBMITTED TO THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO. DCKTM/6407/2024 DM1 DATED 02-08-2024 Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 29- 08-2024 SUBMITTED TO THE 1ST RESPONDENT RESPONDENT EXHIBITS Ext.R4A true copy of the objection dated 01/07/2024 submitted by the 4th 2025:KER:21642 WP(C) NO. 39320 OF 2024 6 respondent before the 2nd respondent Ext. R4B true copy of the plaint in OS 79 of 2024 filed by the 4th respondent before the Munsiffs Court, Pala Ext.R4C True photographs showing the house of the petitioner and the boundary of the property of the 4th respondent, taken after the cutting and removing of the trees