Kerala High Court Criticizes Kochi Corporation Over Delayed Tree Removal, Orders Immediate Action
The Kerala High Court has come down heavily on the Kochi Corporation for its failure to execute an order to cut and remove trees that pose a threat to the life and property of a 92-year-old resident in Palluruthy, Kochi. While considering a petition seeking enforcement of a Revenue Divisional Officer's (RDO) directive, the bench of Justice P V Kunhikrishnan expressed strong disapproval of the civic body's inaction.
Court's Stern Observations and Directives
The High Court observed that it was nothing short of a shame for the corporation that the petitioner, C J Mathews, a retired official of the Ministry of Defence, was compelled to approach the constitutional court merely for the removal of two trees. The court directed the Kochi Corporation authorities to cut and remove the trees within one month and instructed the District Collector and Fort Kochi RDO to take necessary steps to ensure compliance.
During the hearing, the court noted that under the Kerala Municipality Act, the municipal corporation secretary is empowered to cut and remove trees or branches that are dangerously situated. It further emphasized that in cases requiring immediate action, the secretary is duty-bound to remove such trees even without issuing notice to the property owner.
Petitioner's Nine-Year Ordeal and Safety Concerns
According to Mathews, a seven-cent plot adjacent to his property is overgrown with trees, bushes, and unwanted plants, creating a habitat for dangerous snakes and other reptiles. He highlighted that two tall trees on this plot pose a serious threat to his life and residential building. The petitioner alleged that the roots of these trees had penetrated the foundation and basement of his house, causing cracks and weakening of the walls, besides obstructing water and wastewater pipelines.
Mathews also pointed out that the large branches of the trees cause considerable inconvenience and pose a constant danger, particularly during the rainy and stormy seasons. He submitted that although the RDO had issued an order for the removal of the trees in 2017 and the District Collector, in 2021, instructed the corporation to take appropriate action, the corporation merely cleared the bushes and plants on the plot, leaving the dangerous trees untouched.
Legal Battle and Court's Commendation
During the proceedings, it was revealed that the person in possession of the adjacent plot submitted that she was unable to enter the property due to an ongoing dispute over its ownership. Taking note of these circumstances, the High Court commended the petitioner for his legal fight spanning nine years.
Before parting with the order, the court recalled a poem titled 'My Youth' by freedom fighter T S Thirumumbu. Quoting its opening lines—"Greying my head is not my old age, and not greying my head is not my youthfulness"—the court remarked that no citizen should be compelled to bow before the bureaucracy when their legally guaranteed rights are infringed. It asserted that if the bureaucracy fails, constitutional courts will step in to uphold justice and protect citizens' rights.
The High Court's directive underscores the importance of timely action by civic authorities in addressing public safety concerns and highlights the judiciary's role in ensuring accountability and protecting vulnerable citizens from bureaucratic delays.
