IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 22924 of 2010(Q) -------------------------- PETITIONER(S): --------------- RAJENDRAN, S/O. BALAKRISHNAN, ANITHA BHAVAN, ARUVIKUZHI, VAZHICHAL, OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, DISTRICT COLLECTORATE, THIRUVANANTHAPURAM. 2. THE EXECUTIVE MAGISTRATE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 5. GEETHA KUMARI, ARUVIKUZHI KOCHUVEEDU, VAZHICHAL, OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER MR.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.22924 of 2010 -------------------------------------- Dated this the 19th day of August, 2010 J U D G M E N T The grievance of the petitioner, who was the applicant in M.C.No.150/2005 on the file of the Sub Divisional Magistrate, Thiruvananthapuram is that, eventhough Ext.P2 final order dated 30.5.2006 passed by the Executive Magistrate, Neyyattinkara to cut and remove the rubber tree in question has become final, the same is not being executed and the public nuisance thereby is not abated. 2. The learned Government Pleader on instructions submitted that the Rubber tree covered by Ext.P2 order was cut and removed by the 5th respondent and that the grievance of the petitioner regarding non-execution of the Ext.P2 order is not correct. 3. The learned counsel for the petitioner would submit that, even though the petitioner's application before the Magistrate was regarding the dangerous condition of three rubber trees, the petitioner was not aware that the final order covered only one of the three trees. Now that the tree WP(C). No.22924 OF 2010 : 2 : covered by the Ext.P2 final order has been cut and removed, the petitioner cannot have any grievance for non-execution of the said order. Recording the submission made by the Government Pleader, this writ petition is dismissed. V.RAMKUMAR, JUDGE dmb