Felling of Coconut Tree inside Private Property
I happen to be a resident of Kerala, and this query is regarding an order we have received from the Sub Divisional Magistrate Court for felling a Coconut Tree which offers good produce and is a meter inside our boundary wall..
This order was basis the complaint filed by our neighbour (who happens to be an ex-Tahasildar) stating Risk to Life and Property..
Facts of the case from our end stated below:
1) The said tree is well within our boundary wall and pose no threat to the neighbour.
2) As a safety measure, the Tree is already secured with iron cables which was proactively done years back.
3) Complaint raised post the neighbour making structural changes to his home which is now in proximity to the boundary wall by 2 meters.
4) Basis the complaint, the Village Officer had visited the site and submitted a report in our favor.
Since the initial report was not in favor of the plaintiff, he utilised his clout to get the RDO for a visit to the site, basis which the subject order got released, details mentioned below.
1) Order states that the Village Officers report stated risk to Life and Property -- We have the copy of this report to prove otherwise.
2) Order issued under CrPC 133(1).
Would request your expertise to address my below queries.
1) Can the RDO issue an order under CrPC 133 for felling a tree in a private property.
2) Is there any rule for the State of Kerala protecting the felling of trees ( Ref: Forest Act of MH. I understand that Kerala state has a similar act, but do not cater to private property/Coconut tree)
3) Can we challenge this order - If so on what grounds.
* Even though the order is for felling of one tree, the complaint was against 3 Coconut trees adjacent to each other by 2 meters along side the boundary wall. The order states felling of one and securing the others with an additional iron cables (all 3 already secured with iron cables years back)..
For my father who took care of these tree for years, felling one is traumatic and hence we would like to do our best to safe this one..
Await in anticipation of hearing from all you expertise. Thanks in advance.