The Kerala High Court has dismissed a writ petition concerning a coconut tree, using humour and a biblical verse to urge two neighbours to end their dispute. Justice P V Kunhikrishnan observed that if the tree could laugh, it would have mocked the fighting neighbours.
Case Background
The case involved two neighbouring property owners in Karakulam village, Thiruvananthapuram district. The petitioner claimed the coconut tree posed a danger, while the respondent, the tree's owner, disagreed. The dispute had already been examined by the local panchayat, revenue authorities, and the Ombudsman for Local Self-Government Institutions before reaching the High Court.
Court's Observations
In his order dated June 18, Justice Kunhikrishnan described the litigation as 'a classic example of unnecessary litigation arising out of a trivial neighbourhood dispute.' He remarked that what 'should have been resolved over a shared cup of tea or coffee has instead ripened into a full-blown litigation.' The judge emphasised that 'the law cannot substitute basic neighbourly goodwill.'
In an unusual touch, the judge quoted Matthew 22:39 from the Bible: 'Love your neighbour as yourself.' He urged both parties to read the verse and 'sit together over coffee or tea to resolve the dispute.'
Factual Findings
The court relied on the Panchayat's findings, the Ombudsman's directions, and the Advocate Commissioner's report, which concluded there was 'absolutely no danger' from the coconut tree. The tree was well-rooted and did not pose an imminent threat of falling. It was already tied with an iron wire to lean towards the owner's property, and a protective net had been installed to prevent coconuts from falling into the petitioner's compound. The Commissioner suggested extending the net and periodic maintenance to address safety concerns. Despite this, the petitioner remained dissatisfied and produced videos to support his case.
Judicial Discretion on Costs
Although the court considered imposing costs on both parties for wasting judicial time, it ultimately chose not to. The judge concluded, 'Let Jesus Christ shower them with blessings to follow the Holy Bible, Matthew 22:39,' adding that 'only neighbours will be there when an emergency arises.' The court held that there was no need to invoke powers under Section 238 of the Kerala Panchayat Raj Act, which applies when a tree is likely to fall and endanger people or property.
