IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 3860 of 2011(F) ------------------------- PETITIONER: --------------- T.HARIDAS,AGED 49 YEARS,AMBADI, KUNNUMMAL ROAD,VADUTHALA,COCHIN-23. BY ADV. MR.SHYAM PADMAN MR.A.RANJITH NARAYANAN MR.S.K.SAJU MS.M.LISHA RESPONDENTS: --------------- 1. THE SECRETARY,KOCHI CORPORATION, ERNAKULAM. 2. C.A.GEORGE,CHOORAKULATH HOUSE, 47/1889-C,VADUTHALA,ERNAKULAM-23. 3. THE HEALTH INSPECTOR,CIRCLE-21,KOCHI CORPORATION,ERNAKULAM. ADV. MR.SHIBU JOSEPH, SC, COCHIN CORPORATION FOR R1 & 3 MR.P.V.GEORGE(PUTHIYIDAM) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3860 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COMPLAINT DTD. 13.10.2009 SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P2: NOTICE ISSUED BY R3 DTD. 17.12.2009. EXT.P3: NOTICE DTD. 14.1.2010. EXT.P4: FINAL NOTICE DTD. 25.6.2010 ISSUED BY THE HEALTH OFFICER. EXT.P5: REPRESENTATION DTD. 19.8.2010 SUBMITTED BY THE PETITIONER BEFORE THE R.D.O, ERNAKULAM. EXT.P6: REPORT DTD. 6.9.2010 SUBMITTED BY THE VILLAGE OFFICER. EXT.P7: REPLY DTD. 18.9.2010 GIVEN BY THE R.D.O. EXT.P8: AUTHORISATION LETTER DTD. 22.10.2010. EXT.P9: REQUEST DTD. 22.10.2010 SUBMITTED BY R1 TO THE SUB INSPECTOR OF POLICE. EXT.P10: REPRESENTATION DTD. 23.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE MAYOR. EXT.P11: REPRESENTATION DTD. 23.11.2010 SUBMITTED BY THE PETITIONER BEFORE R1. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.3860 Of 2011 ---------------------- Dated this the 22nd day of July, 2011. J U D G M E N T The writ petition is filed for a direction directing the respondents 1 & 3 to take appropriate steps to cut and remove the coconut tree in the property of the 2nd respondent which according to the petitioner is causing threat to the life and property of the petitioner and his family. The grievance of the petitioner is that one coconut tree which is around 30 years old standing in the property of the 2nd respondent is slanting in a precarious manner towards the petitioner’s property and it is placed in a very dangerous condition so as to cause danger and damage to the life and property of the petitioner and his family and therefore the removal of the said tree is necessary to protect and preserve the life and property of the petitioner and his family members. 2. When the matter was taken up for consideration today, the learned counsel for the 2nd respondent submitted that he is willing to cut and remove the coconut tree, which is alleged ::2:: W.P.(C).No.3860 Of 2011 to be causing danger to the life and property of the petitioner, within a period of one month from today. 3. The undertaking of the 2nd respondent is recorded. The petitioner shall provide all necessary help to the 2nd respondent for cutting and removal of the tree. The writ petition is accordingly closed. HARUN-UL-RASHID, Judge. bkn/-