Under the Kerala Municipality Act, 1994, it is the duty of the Secretary of the Municipality or Municipal Council to ensure the removal of dangerously situated trees. This position was recently reiterated by the High Court of Kerala in C.J. Mathews v. District Collector, Ernakulam [2026: KER: 10344].
Removal of Dangerous Trees in Municipalities
As per Section 412(1) of the Act, if the Secretary deems a tree, branch, or fruit likely to fall and endanger any person or structure, the Secretary may issue a notice requiring the owner to secure, lop, or cut down the tree.
Urgent Action by the Secretary
Under Section 412(2), where immediate action is necessary to prevent danger, the Secretary may bypass the notice period and cause the tree to be secured or removed. The cost of such action is recoverable from the owner under Section 538 of the Act.
Provisions Under the Kerala Panchayat Raj Act (KPRA)
In Grama Panchayats, the authority is governed by Section 238 of the KPRA. If a tree or its parts are likely to fall and cause danger, or if they pollute a water source (well/tank), the Panchayat may require the owner to remove the hazard.
Grama Panchayat Holds the Power to Remove Trees
It is well-settled by the High Court of Kerala in Thankamma v. Ezhumattur Grama Panchayat [2001 KHC 462] and Joseph V.M. v. Kadanad Grama Panchayat [2019 (3) KHC 545] that the power under Section 238(1) for cutting and removing dangerous trees rests with the Panchayat Committee, and not the Secretary of the Grama Panchayat.
The Secretary’s Limited Powers (Section 238(2))
The Secretary of a Grama Panchayat may act without notice only for specific administrative tasks:
- Trimming hedges bordering public streets.
- Pruning trees overhanging streets that obstruct traffic or views.
- Removing fallen trees that obstruct public roads and waterways.
Comparison of Authority
| Feature | Municipality / Corporation | Grama Panchayat |
| Authority Empowered to Remove | Secretary | Grama Panchayat
Committee |
| Urgent Removal Power | Secretary (u/s 412) | Panchayat (u/s 238) |
| Road Obstruction | Secretary | Secretary (u/s 238(2)) |
| Recovery of Cost | Arrears under Sec 538 | As Recovering Arrears of Public Land Revenue |
Conclusion
In Municipalities, the Secretary is empowered to take immediate measures to remove dangerous trees.
However, in Grama Panchayats, while the Secretary can clear obstructions on public roads, the decision to cut a dangerous tree on private property resides solely with the Panchayat Committee. If immediate danger exists, the Committee must authorize the action to ensure legal validity and cost recovery.
