92-Year-Old’s 9-Year Fight Ends in Constitutional Court: Kerala High Court Pulls Up Kochi Corporation for Inaction on Dangerous Trees
Asks erring officials to read legend Sree T.S. Thirumumb's poem 100 times to know that powerful citizens like him are here to fight against them, irrespective of their age
Justice P.V Kunhikrishnan, Kerala High Court
The Kerala High Court in a strongly worded judgment, has directed the Kochi Municipal Corporation to cut and remove dangerous trees from a neighbouring property that posed a threat to the life and residence of a 92-year-old retired Defence Ministry official, observing that it was a “sorry state of affairs” that a citizen had to approach the Constitutional Court for such relief.
The Court while referring to legend Sree T.S. Thirumumb and his poem, asked the Corporation to read it 100 times to understand the power of the citizens. It further remarked that citizens need not bow to bureaucratic inaction when their statutory rights are infringed. If authorities fail to perform their duties, constitutional courts will step in to protect those rights.
Stressing on the vulnerability of elderly citizens, the Court observed that heightened anxiety over threats to life and property warrants prompt redress, particularly when a nonagenarian is compelled to seek judicial intervention.
Justice P. V. Kunhikrishnan observed, “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, as evident by Ext.P6, 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…”.
“…It is the duty of this Court to see that the grievance of this nonagenarian is redressed. Elderly people experience heightened anxiety when they apprehend danger to their life and their family. Here is a case in which the petitioner states that he is afraid due to dangerous trees and snake-prone bushes near his house. He approached the authority concerned to redress his grievance. There is no action. This can exacerbate mental strain for a nonagenarian such as C J Mathew. Environmental threats like this contribute to anxiety, social isolation and even elevated psychiatric morbidity in old people. When such grievances are raised by persons like the petitioner, the official respondents ought not to have delayed the same in this manner. As I mentioned earlier, an octogenarian's fight continues, and it continues as a nonagenarian. Let the petitioner reside in his house as a centenarian also, without apprehending any danger to his life or that of his family”, the bench further categorically observed.
Advocate M. Dinesh appeared for the petitioner and Advocate K.B. Arunkumar appeared for the respondent.
The Court was hearing a writ petition filed by C.J. Mathews, a nonagenarian resident of Palluruthy, Ernakulam, who had been pursuing the matter since 2017.
The petitioner alleged that two large trees standing on the adjacent property were dangerously leaning toward his house, with roots penetrating the foundation and branches posing a serious risk during storms. He also complained of snake-infested bushes and health hazards.
However, despite a 2017 direction by the Revenue Divisional Officer (RDO), Fort Kochi, instructing the Corporation to act under Section 412 of the Kerala Municipality Act, 1994, no effective action was taken. Even after the District Collector issued further directions in 2021, the Corporation merely cleared bushes but failed to remove the trees.
The Court noted that Section 412 empowers the Secretary of the Municipality to order the cutting or lopping of trees that endanger life or property, and under sub-section (2), immediate action can be taken even without prior notice if circumstances so require.
The Court observed that once the trees were found to be dangerous, the Corporation need not delay action on the pretext of ascertaining ownership or awaiting further proceedings.
Rejecting the neighbouring landowner’s plea that a pending civil dispute prevented her from entering the property, the Court held that statutory powers under Section 412(2) could still be invoked to avert danger.
The Court while expressing anguish over the prolonged inaction, remarked that elderly citizens experience heightened anxiety when faced with environmental threats and that bureaucratic apathy cannot be justified when statutory remedies are available.
Allowing the writ petition, the Court directed the Kochi Municipal Corporation to cut and remove the dangerous trees within one month, and ordered the District Collector and Revenue Divisional Officer to supervise compliance.
Cause Title: C.J. Mathews v. District Collector, Ernakulam [Neutral Citation: 2026:KER:10344]
Petitioner: M. Dinesh, Suresh Kumar C.G., Advocates.
Respondent: K.B. Arunkumar, P. Rani Diothima, P. V. Radhamani, Rose Ann Babu, Advocates.