Municipal Secretary Can Cut Down Dangerous Trees Without Notice To Owner: Kerala High Court Grants Relief To 92-Year-Old Man

The Kerala High Court recently passed a judgment clarifying that as per Section 412(2) of the Kerala Municipality Act, 1994, the secretary of a municipal corporation can cut down dangerous trees, without notice to their owner.Justice P.V. Kunhikrishnan granted relief to a 92-year-old man, who had been fighting for the past 9 years to get the trees in his neighbouring property cut down because of the danger they posed.The Court expressed its disappointment with the way in which the petitioner's genuine need was ignored at multiple levels of bureaucracy:“This is nothing but a sorry state of affairs. To cut and remove a dangerous tree leaning toward a residential house, a citizen has to approach the Constitutional Court! It is nothing short of a shame on the corporation authorities. The petitioner started this fight when he was an octogenarian. His first complaint…was on 06.06.2017. The petitioner is now a nonagenarian, and his fight continues. The bureaucracy in this country should actually bow its head in front of this type of nonagenarian after doing its duty… No citizen needs to bow their head to the bureaucracy if their rights, guaranteed by law, are infringed. If bureaucracy fails, the constitutional courts will step in. It is the duty of this Court to see that the grievance of this nonagenarian is redressed.”The petitioner claimed that the property adjoining his property is covered with trees, bushes and other plants. He submitted that this property contains snakes, bats and reptiles. According to him, the roots and branches of the two big trees at the boundary of the neighbouring property was causing threat to his life and property since these have penetrated the foundation and basement of his house and water tank; caused cracks and weakened the building walls while also causing obstruction of water and wastewater pipelines.In 2017, the petitioner came before the Revenue Divisional Officer (RDO), who, on enquiry through the Village Officer, directed the Secretary of the Corporation to take action as per Section 412 of the Act. Thereafter, the Health Inspector of the Corporation conducted an inquiry to identify the owner of the neighbouring property.Meanwhile, the petitioner sought legal aid from the District Legal Service Authority and on its request, the Village Officer conducted a detailed enquiry and confirmed the nuisance faced by the petitioner. The owner of the adjoining property was also identified but no follow up action was not taken.Again, the petitioner approached the District Collector seeking to implement the afore order of the RDO. The District Collector, in 2021, directed the Corporation Secretary to take immediate steps to redress the petitioner's grievance. Consequently, some labourers came to the neighbouring property and cleared the bushes and plants but failed to cut down the dangerously standing trees.Once again, in 2021 itself, the District Collector issued a letter to the Secretary to completely address the petitioner's grievance. Since, the same remained undone, the petitioner came before the High Court.The owner of the neighbouring property told the High Court that since the property is subject to litigation and is presently attached, she and her sisters are not in a position to enter the property and do anything. The Court referred to Section 412 of the Act and remarked that in certain urgent situations, the Corporation Secretary can cut down dangerously standing trees even without notice to the owner. Since in the present case, the trees were in a dangerous situation, the Court felt that the trees can be directed to be cut down. It observed:“sub section (2) of 412 states that where immediate action is necessary, the Secretary shall before giving such notice or before the period of such notice expires cause to secure, lop or cut down the said tree or branch thereof or remove the fruits thereof or fence off a part of any street or take such other temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner of the tree in the manner provided in section 538. So in cases where immediate action is necessary, it is the duty of the Secretary to the Corporation to cut and remove the trees even without notice to the owner of the property… From the facts and pleadings, it is clear that the trees are in a dangerous situation. Therefore, the Corporation can very well invoke the powers under Section 412(2) of the Act, 1994.”Allowing the writ petition, the Court directed that the dangerous trees be cut and removed within a month. It also directed the District Collector and RDO to supervise and take needful action to ensure that the Court's direction is complied with by the Secretary.Case No: WP(C) No. 34797 of 2024Case Title: C.J. Mathews v. District Collector and Ors.Citation: 2026 LiveLaw (Ker) 89Counsel for the petitioner: M. Dinesh, Suresh Kumar C.G.Counsel for the respondents: K.B. Arunkumar, P. Rani Diothima, P.V. Radhamani, Rose Ann...

Municipal Secretary Can Cut Down Dangerous Trees Without Notice To Owner: Kerala High Court Grants Relief To 92-Year-Old Man

K. Salma Jennath

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