AIR 2021 (NOC) 87 (KER.) ::AIROnline 2020 Ker 418

Kerala High Court

Hon'ble Judge(s): Alexander Thomas , J

(A) Kerala Panchayat Raj Act (13 of 1994) S. 238 (1) — Constitution of India, Art.14 — Order for cutting and removal of trees — Validity — Petitioner sharing boundary of his rubber estate with respondent — On complaint of respondent, Panchayat Secretary directing petitioner to cut and remove dangerous trees lying in his property — Power u/S. 238 (1) of Act, for directing cutting and removal of dangerous tress lies only with Panchayat Committee of Panchayat and not with Secretary of Grama Panchayat — Order passed without hearing petitioner and without providing her copies of proceedings, erroneous. (Para 4,6)