Threat to nonagenarian’s life: HC slams corp for failure to execute RDO’s order to cut trees

Kochi: High court, while considering a petition seeking execution of an RDO's order to cut and remove trees on an adjacent plot and posing a threat to the life and property of a nonagenarian at Palluruthy in Kochi, came down heavily on Kochi corporation for failing to execute the order.The bench of Justice P V Kunhikrishnan observed that it was nothing short of a shame for the corporation that the petitioner was compelled to approach the constitutional court for the cutting and removal of just two trees. HC directed the Kochi corporation authorities to cut and remove the trees within a month and instructed the district collector and Fort Kochi RDO to take necessary steps to ensure compliance. HC was hearing a petition by 92-year-old C J Mathews, a retired official of the ministry of defence, seeking judicial intervention to address his grievances.
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 further stated that two tall trees there pose a serious threat to his life and residential building. The petitioner alleged that the roots of the trees had penetrated the foundation and basement of his house, causing cracks and weakening of the walls, besides obstructing water and wastewater pipelines. He also pointed out that the large branches of the trees caused considerable inconvenience and posed a constant danger, particularly during the rainy and stormy seasons.Mathews 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.During hearing, 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 the circumstances, HC observed that under the Kerala Municipality Act, the municipal corporation secretary is empowered to cut and remove trees or branches that are dangerously situated. HC further noted that in cases requiring immediate action, the secretary is duty-bound to remove such trees even without issuing notice to the property owner.Before parting with the order, HC commended the petitioner for his legal fight spanning nine years and 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, and that if the bureaucracy fails, constitutional courts will step in.