IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25670 of 2008(E) -------------------------- PETITIONER: -------------- SHAJI GEORGE, SHAIJU BHAVAN, EDAVATTOM, VELLIMON P.O, PERINAD, KOLLAM. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.C.S.YESUDAS SRI.PAUL C THOMAS RESPONDENTS: ----------------- 1. THE SECRETARY, PERINAD GRAMA PANCHAYATH, CHEMMAKKAD P.O, PERINAD, KOLLAM. 2. THE PERINAD PANCHAYAT COUNCIL, REP. BY ITS SECRETARY, PERINAD GRAMA PANCHAYATH, CHEMMAKKAD P.O, PERINAD, KOLLAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM DISTRICT, KOLLAM. 4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. 5. SRI.DAMODARAN PILLAI, SWATHY, EDAVATTOM, VELLIMON P.O, KOLLAM-691511. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 25670 OF 2008 E ==================== Dated this the 26th day of August, 2008 J U D G M E N T The complaint in this writ petition is regarding a coconut tree situated in the land of the 5th respondent, which is stated to be in a dangerous condition. Petitioner submits that at any time, it can fall down and if that happens, the life of the inmates of his house and the house itself will be in danger. Though he appears to have moved the Ombudsman for Local Self Government Institutions, Ombudsman has closed the proceedings by Ext.P12 taking note of Ext.P11 report. 2. Though the petitioner has also challenged the proceedings of the Ombudsman, I do not think that consideration of those contentions are necessary. Since the petitioner has already filed Ext.P6, it is for the Panchayat to consider the matter. Accordingly, I dispose of this writ petition directing that on the production of a copy of this judgment, the Panchayat shall take note of the complaint referred to above and take appropriate action in this matter with notice to the 5th respondent in accordance with the provisions contained in the Kerala Panchayat Raj Act. ANTONY DOMINIC, JUDGE Rp