Cut tree to stop coconut falling on neighbour’s house, says HC

CHENNAI: In a notable development, the Madras High Court ordered the Kuthalam Tahsildar to remove a coconut tree within three weeks as the coconuts from the tree are often falling on the roof of a neighbour’s tiled-roof house causing damage to his residence.

Justice CV Karthikeyan passed the orders on allowing a petition filed by C Vinothkumar, a resident of Kuthalam, Mayiladuthurai district. The petitioner sought direction to the Deputy Superintendent of Police, Mayiladuthurai range to implement the order of the Revenue Divisional Officer, Mayiladuthurai, to cut down the coconut tree raised by the petitioner’s neighbour Kaliamoorthi.

According to the litigant, though he asked Kaliamoorthi to remove the tree citing the coconuts are damaging the tiled roof of his house, the respondent was not ready to cut it. Therefore, he approached the revenue officials.

“Kaliamoorthi did not even obey the orders of RDO to remove the tree,” the petitioner submitted.

Recording the submissions, the judge pointed out that though the court-ordered notice to the respondent Kaliamoorthi, he was not in a position to come before the court.

“The petitioner has a right to protect his property. The petitioner has a right to ensure that the property is not damaged, owing to issues beyond his control, which could be reasonably controlled by the orders of the authorities,” the judge held.

The court further recorded the willingness of the petitioner to plant a guava tree if the coconut tree was removed. Recalling the orders of the RDO that the coconut tree is actually leaning dangerously over the tiled roof house of the petitioner, the judge directed the Tahsildar, Kuthalam to remove the coconut tree of Kaliamoorthi within three weeks.

The court further asked the officer to ensure that Vinoth is planting a guava sapling as it would provide shade and hopefully it will grow without causing an obstruction.