Kerala High Court Ends Nine-Year Battle for 92-Year-Old Against Bureaucratic Tyranny
In a landmark decision, the Kerala High Court has come to the aid of a 92-year-old Kochi resident, C J Mathews, ending his nearly decade-long struggle to have dangerous trees removed from a neighboring property. The court strongly criticized the municipal authority for its inaction, invoking poetic lines from freedom fighter T S Thirumumbu to highlight the citizen's unwavering spirit.
Court Slams Municipal Inaction and Invokes Poetic Justice
Justice P V Kunhikrishnan, hearing the case on February 9, directed the Kochi Municipal Corporation to take immediate action to remove the trees, which posed an imminent threat to Mathews' life and residential building. The court described the situation as a "sorry state of affairs," where a citizen had to approach the constitutional court for such a basic safety issue, labeling it a shame on the corporation authorities.
In his order, Justice Kunhikrishnan quoted from Thirumumbu's famous poem My Youth, emphasizing that age is merely "a limitation you put on your mind." He explained the poet's message: "The courage to never bow his head to the tyranny of bureaucracy during that time was his youthfulness." The court urged both older adults and younger people to embrace this mindset, stating that enthusiasm and determination transcend age barriers.
Background of the Nine-Year Struggle
C J Mathews, a retired official of the Ministry of Defence, has been petitioning authorities since 2017 regarding two large trees on an adjacent seven-cent vacant plot. He alleged that the trees' roots were penetrating the foundation of his house and wastewater pipelines, while branches endangered the structure during storms. Additionally, the property had become a habitat for dangerous snakes and bats, exacerbating mental strain for the nonagenarian.
Despite a 2017 order from the Revenue Divisional Officer and a 2021 directive from the district collector, the Kochi Municipal Corporation only cleared bushes and failed to remove the trees. This prolonged inaction forced Mathews to seek judicial intervention, with the court noting that such delays can lead to heightened anxiety, social isolation, and psychiatric morbidity in elderly individuals.
Court's Emphasis on Citizen Rights and Bureaucratic Accountability
The Kerala High Court emphasized that no citizen should have to bow to bureaucracy when their legally guaranteed rights are infringed. It stated that the bureaucracy should "bow its head" in front of such resilient individuals after fulfilling its duties. The order added that authorities should read Thirumumbu's poem repeatedly to understand that citizens, regardless of age, will fight against negligence.
Justice Kunhikrishnan concluded by affirming the court's duty to redress grievances, ensuring that Mathews can reside safely in his home without fear. This case underscores the judiciary's role in protecting fundamental rights and holding public authorities accountable, serving as a powerful reminder of the importance of timely action in governance.
