Full Judgment Text
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"CR"
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
FRIDAY, THE 29 DAY OF MAY 2026 / 8TH JYAISHTA, 1948
WP(C) NO. 17267 OF 2026
PETITIONER/S:
GIGI VARGHESE
AGED 45 YEARS
THARAYIL PUTHENVEEDU PALLARIMANGALAM,
MAVELIKKARA, PALLARIMANGALAM P.O., PIN - 690107
BY ADVS.
SRI.SADCHITH.P.KURUP
SMT.AKSHARA RAVI
RESPONDENT/S:
1 THE VILLAGE OFFICER
THEKKEKKARA VILLAGE OFFICE PALLARIMANGALAM P.O.,
ALAPPUZHA, PIN - 690107
2 MAVELIKKARA THEKKEKKARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY MEVALIKKARA
THEKKEKKARA GRAMA PANCHAYATH OFFICE,
PALLARIMANGALAM P.O. ALAPPUZHA, PIN - 690107
BY ADV.
SRI.K.JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.05.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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"CR"
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.17267 of 2026
-------------------------------
th
Dated this the 29 day of May, 2026
JUDGMENT
As Kerala steps into a new academic year this June, our
newspapers are filled not only with stories of hope but with
heartbreaking reports of school-going children and even elders
dying from snake bites almost every day. One of the major man-
made causes is vacant, unattended residential plots in residential
areas choked with wild vegetation and tall grass, which are silently
turning into ideal breeding grounds for snakes. When such
negligence begins to cost human lives, the issue is no longer a
mere nuisance but a public safety emergency. In such a situation,
who must act and how soon? In such situations, I am of the
considered opinion that the jurisdictional Grama Panchayat has a
major role to abate such nuisances. If a vacant plot, which is
completely overgrown with vegetation and wild grass, transforms
it into a breeding ground for venomous snakes and the same
becomes a threat to the life of the residents of nearby houses,
whether the Panchayat can wash its hands without doing anything,
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saying that the property owner is not identified, is the point to be
decided in this case. The prayers in this Writ Petition (C) are as
follows:
" A. Issue a Writ of Mandamus or any other
appropriate Writ, order, or direction,
st
commanding the 1 Respondent to
immediately identify the owner of the
property adjacent to the Petitioner's
nd
residence and forward the details to the 2
Respondent within a strict time frame to be
fixed by this Hon’ble Court.
nd
B. Issue a Writ of Mandamus directing the 2
Respondent to immediately clear or cause to
clear the overgrown grass and wild
vegetation in the adjacent property to abate
the danger of snakes and other dangerous
creatures, either by issuing notice to the
owner or via independent execution at the
owner's cost.
C. Petitioner also prays that this Honourable
Court may be pleased to dispense with the
translation of the vernacular documents
produced in the vernacular language.
D. Grant such other reliefs, which are
deemed fit and proper in the facts and
circumstances of the case."
[SIC]
2. The Petitioner is residing along with his elderly parents
at Mavelikkara, Alappuzha District. Immediately adjacent to their
residence lies an abandoned plot, completely overgrown with
vegetation and wild grass, and as I mentioned earlier, it is a
dangerous breeding ground for venomous snakes. This creates a
constant and imminent threat to the lives of the petitioner and his
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vulnerable family. To abate the same, the petitioner submitted the
grievance through the Chief Minister's portal, as evident from
nd
Ext.P1, which was forwarded to the 2 respondent, the Grama
Panchayat. Although the panchayat’s inquiry confirmed the public
nuisance, it informed the petitioner by Exts.P2 and P3 that, they
st
could not identify the owner and requested the 1 respondent, the
Village Officer, to provide the ownership details from the revenue
st
records. Despite the gravity of this situation, the 1 respondent
failed to provide the details as far as the serious threat to the life
of the petitioner and his parents is concerned, is the grievance.
Hence, this writ petition.
3. Heard the counsel for the petitioner and the
Government Pleader. Even though notice is issued to the
Panchayat, there is no appearance for the Panchayat.
4. This court perused Exts.P2 and P3. A perusal of the
same would show that the panchayat is not taking any action
because the owner of the property where the nuisance is
admittedly present is not known. According to the panchayat, only
after knowing the person in possession of the property or its
owner, they can take action. I am of the considered opinion that
this is not the manner in which the panchayat has to act. After a
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casualty, there is no point in doing the same. Swift action is
necessary from the side of the authorities to avoid the nuisance
when the life of the citizen is in danger.
5. I think the Panchayat can invoke the inherent powers
under Sections 238 and 239 of the Kerala Panchayat Raj Act, 1994
(for short Act 1994) in such a situation, and those Sections are
extracted hereunder:
“238. Precautions in case of dangerous trees and pruning of
hedges and trees.
(1) (a) If any tree or any branch or portion of a tree or the fruits of
any tree be deemed by the village panchayat to be likely to fall and
thereby endanger any person or any structure or any cultivation, the
Village Panchayat may by notice require the owner of the said tree
to secure, lop or cut down the said tree or remove the fruits thereof
so as to prevent any danger there from.
(b) If immediate action is necessary, the village panchayat shall
itself before giving such notice or before the period of such notice
expires secure, lop or cut down the said tree or remove the fruit
thereof or fence off a part of any street or take such other
temporary measures as it thinks fit to prevent danger, and the cost
of so doing shall be recoverable from the owner of the tree in the
same manner as an arrear of public revenue due on land.
(c) If any tree or the branch thereof in the opinion of the village
panchayat, causes pollution to the drinking water of a well or tank,
the village panchayat may, by notice, require the owner of such tree
to cut down and remove such tree or branch thereof.
(2) The Secretary of a village panchayat may, without notice. -
(a) trim or prune any hedge bordering on a public street so that it
may not exceed such height from the level of the adjoining
roadways as may be provided for this purpose; or
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(b) cut and trim any hedge or tree overhanging the said trees and
obstructing it or the view of traffic or causing damage to it; or
(c) remove fallen trees on public roads and waterways which
obstruct traffic.
239. Power of Panchayat for carrying out their functions. -
(1) A Panchayat shall exercise all the powers conferred on, and
perform all the functions entrusted to that Panchayat by or under
this Act or any other law and shall also exercise such other powers
and perform such other functions as may be conferred on or
entrusted to it by the Government for carrying out the provisions of
this Act.
(2) A Panchayat shall have power to do all acts necessary for and
incidental to, carrying out the functions entrusted or delegated to it.
(3) Without prejudice to the generality of the foregoing power, a
village panchayat shall have power, -
(a) to require by notice, the owner or occupier of any land or
building which is a nuisance to the neighbourhood on account of -
(i) its insanitary conditions; or
(ii) the collection of any drainage, filth or stagnant water
thereon; or
(iii) the existence of wild or noxious vegetation thereon; or
(iv) the presence of poisonous reptiles or other harmful animals
or insects,
(b) to take such action as it deems necessary to abate the nuisance
within a reasonable period to be specified in such notice;
(c) to prohibit the use of the water of any stream, well, pond or any
other excavation believed to be dangerous to public health; and
(d) to regulate or prohibit the watering of cattle or bathing or
washing in any stream, well, pond or other excavation reserved for
drinking water.”
6. Section 238 of the Act 1994 says about the precautions
in case of dangerous trees and pruning of hedges and trees. Here,
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in this case, it is not trees but overgrown vegetation and wild
grass. But in Section 238(1)(b) of the Act 1994, the Village
Panchayat can lop or cut down dangerous trees, if the situation
warrants, without notice to the owner of the property, and the cost
of so doing can be recovered from the owner in the same manner
as an arrear of public revenue due on land.
7. Moreover, Section 239 (3)(a)(iii) & (iv) of the Act 1994 says
that the Village Panchayat shall have the power to require by
notice to the owner of a property, if there is a nuisance to the
neighbourhood on account of the existence of wild or noxious
vegetation thereon or the presence of poisonous reptiles or other
harmful animals or insects. Section 239 (3)(b) says that a village
panchayat shall have the power to take such action as it deems
necessary to abate the nuisance within a reasonable period. Here,
the panchayat is unaware of the property owner and is therefore
delaying the matter, saying that a notice to the owner is necessary
before removing the nuisance. Because of this inaction, the life of
the petitioner is in danger. In such a situation, common sense
should prevail over the intricacies of the law. Local self-
government institutions cannot sit as silent spectators. In this
case, the reading of the writ petition would show that there is
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danger to the life of the petitioner and his parents. Therefore, I am
of the considered opinion that the Panchayat should remove the
nuisance stated by the petitioner in his adjacent property
forthwith, without searching for the owner of the property, and the
cost of doing so can be recovered from the original owner if he is
ultimately found. A combined reading of Sections 238 and 239 of
the Act 1994 makes it clear that the panchayat has such power in
such an immediate situation. Therefore, it is declared that, if any
such genuine complaints are received, the Jurisdictional Gram
Panchayat should act swiftly, and if the owner of the property is
not known, the panchayat should remove such nuisance forthwith
and thereafter recover the cost of doing so from the original owner
if he is ultimately found. These directions are binding on all local
self-government institutions in the state of Kerala.
In the light of the above discussion, this Writ Petition is
allowed in the following manner:
nd
1. The 2 respondent is directed to clear the
overgrown grass and wild vegetation in the
adjacent property of the petitioner to abate the
danger of snakes and other dangerous creatures
forthwith, at any rate, within a period of 10 days
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from the date of receipt of a certified copy of this
judgment.
2. Once the details of the owner of the property are
obtained, the panchayat can recover the cost of
doing so from the original owner in the same
manner as an arrear of public revenue due on land.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 29.05.2026
Judgment dictated 29.05.2026
Draft Judgment Placed 01.06.2026
Final Judgment Uploaded 01.06.2026
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APPENDIX OF WP(C) NO. 17267 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FORMAL REPRESENTATION
BEARING GRIEVANCE NO. G2260400911 DATED
24.4.2026 BY THE PETITIONER BEFORE THE
CMO PORTAL
Exhibit P2 A TRUE COPY OF THE LETTER DATED 2.5.2026
ISSUED BY THE 2 ND RESPONDENT TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE LETTER DATED 8.5.2026
ISSUED BY THE 2 ND RESPONDENT TO THE
PETITIONER