IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29613 of 2008(A) ----------------------------------- PETITIONER(S): ----------------------- VIBI.P.JOHN, AGED 39 YEARS, S/O.IDICULA JOHN, ALINTETHEKKETHIL,PUTHIYAKAVU, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, CHENGANNUR. 3. THE MAVELIKKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 4. P.KOCHUKUTTAN ACHARI, SANTHOSH BHAVAN, KALLUMALA.P.O, MAVELIKKARA. BY GOVERNMENT PLEADER SRI. M.R. SABU, ADV. SRI.A.SHAFEEK FOR R4 SRI.K.HARILAL,SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.29613 of 2008 ================== Dated this the 15th day of October, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P3 order of the Secretary of the 3rd respondent whereby the petitioner has been directed to cut down a tree and cut down the branches of another tree standing in his property which allegedly causes nuisance to the 4th respondent who is the owner of the adjacent property. According to the petitioner Ext.P3 order has been passed in violation of the principles of natural justice in so far as the petitioner has not been issued with a notice or favoured with a hearing before passing Ext.P3 order. A counter affidavit has been filed by the 4th respondent at whose instance, Ext.P3 order has been passed, justifying Ext.P3. However, it is not disputed before me that before passing Ext.P3 order, petitioner has not been given any notice or hearing. But both the Counsel for the Municipality as well as the 4th respondent would submit that there is no necessity for a notice or hearing since the provision does not provide for such a notice or hearing. I am not satisfied with the contentions raised by the respondents 3 and 4. Cutting down of a tree belonging to the W.P(C)No.29613 of 2008 - 2 - petitioner affects his civil rights. That being so, the principles of natural justice demands that he should be given an opportunity to raise his objections before he is directed to cut down the same. That being so, Ext.P3 order issued without notice to the petitioner is clearly in violation of the principles of natural justice and therefore unsustainable. 2. Accordingly, Ext.P3 is quashed. It would be open to the 3rd respondent to pass fresh orders after affording an opportunity of being heard to the petitioner as well as the 4th respondent. I make it clear that such proceedings shall be completed within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs