A 92-year-old retired defence official’s long struggle with bureaucracy finally found relief in the High Court of Kerala on Thursday.
Justice P.V. Kunhikrishnan directed the Kochi Municipal Corporation to cut and remove dangerous trees standing on a neighbouring property, holding that the authorities had failed in their statutory duty for nearly nine years .
The case was filed by C.J. Mathews, a resident of Palluruthy, Kochi.
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Background of the Case
C.J. Mathews, aged 92, owns a small residential property in Rameswaram Village. According to him, two large trees standing in the adjacent seven-cent plot posed a constant threat to his house.
He told the court that the roots were damaging the foundation and water tank, while the overhanging branches created danger during heavy rain and wind. Dry leaves piled up on his sunshade. Snakes and bats were frequently spotted in the overgrown neighbouring land.
Mathews first approached the Revenue Divisional Officer (RDO) in June 2017. After an enquiry, the RDO issued proceedings on July 19, 2017, directing the Kochi Corporation to take action under Section 412 of the Kerala Municipality Act .
But nothing happened.
Over the years, he approached the Health Inspector, the Village Officer, the District Legal Services Authority, and even the District Collector. At one stage, some labourers cleared bushes from the property, but the dangerous trees remained untouched.
Frustrated by continued inaction, Mathews approached the High Court seeking implementation of the RDO’s order.
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Stand of the Respondent
The neighbouring property is now in the possession of Manju, daughter of the late Harihara Menon.
In her counter affidavit, she stated that the property was under attachment in a civil dispute and that she and her sisters were not in a position to enter or manage it. She also claimed that a related appeal was pending before the High Court, preventing them from taking action.
However, the official respondents did not file a counter affidavit.
Court’s Observations
Justice Kunhikrishnan began his judgment by noting Mathews’ perseverance, even quoting lines from a Malayalam poem to highlight that age is no barrier when one stands up against injustice .
The court examined Section 412 of the Kerala Municipality Act. The provision allows the Secretary of a Municipality to order removal of trees that are likely to fall and endanger life or property.
More importantly, the judge highlighted sub-section (2), which empowers the Secretary to act immediately-even without issuing notice-if urgent action is required .
The bench observed that when a tree is in a dangerous condition, “the Corporation Authority need not go behind the real owner to ascertain the ownership of the property,” especially if immediate action is necessary.
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Calling the situation “a sorry state of affairs,” the court remarked that it was unfortunate that “to cut and remove a dangerous tree leaning toward a residential house, a citizen has to approach the Constitutional Court” .
The judge added that elderly persons may suffer heightened anxiety when they fear danger to their life and property, and authorities should not delay action in such situations .
The Decision
Allowing the writ petition, the High Court issued clear directions:
- The Kochi Municipal Corporation must cut and remove the dangerous trees mentioned in the petitioner’s complaint within one month from the date of receipt of the judgment.
- The District Collector and the Revenue Divisional Officer must supervise and ensure compliance within the same period.
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With that, the court brought an end to a nine-year struggle, directing immediate statutory action to protect the nonagenarian’s home.
Case Title: C.J. Mathews v. District Collector & Others
Case No.: WP(C) No. 34797 of 2024
Decision Date: 05 February 2026
