Under the Kerala Municipality Act, 1994 (and the Kerala Panchayat Raj Act, 1994 too), it is the duty of the local government to cut and remove trees situated dangerously — as reiterated by the High Court of Kerala in C.J. Mathews v. District Collector, Ernakulam [2026: KER: 10344].
In the case of Grama Panchayats, it is the duty of the Grama Panchayat but not its Secretary, under Section 238 of the Kerala Panchayat Raj Act, 1994. In the case of imminent danger the Secretary has power to take immediate action.
Cutting and Removing Dangerous Trees by Municipality
As per Section 412 (1) of the Act, where any tree or any branch of a tree or the fruits of any tree is deemed by the Secretary to be likely to fall and thereby endanger any person or any structure, the Secretary may, by notice, require the owner of the said tree to secure, lop, or cut down the said tree or any branch thereof to prevent any danger therefrom.
In Urgent Cases the Secretary Can Initiate Tree Removal
Sub-section 412(2) of the Act makes it clear that where immediate action is necessary, the Secretary shall before giving such notice or before the period of such notice expires cause the securing, lopping, or cutting down of the said tree or branch thereof, or the removal of the fruits thereof, or fence off a part of any street, or take such other temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner of the tree in the manner provided in Section 538 of the Kerala Municipality Act.
Section 412 of the Kerala Municipality Act
“412. Precautions in case of dangerous trees. — (1) Where any tree or any branch of a tree or the fruits of any tree deemed by the Secretary to be likely to fall and thereby endanger any person or any structure, the Secretary may, by notice, require the owner of the said tree to secure, lop or cut down the said tree or any branch thereof so as to prevent any danger therefrom. (2) Where immediate action is necessary, the Secretary shall before giving such notice or before the period of such notice expires cause to secure, lop or cut down the said tree or branch thereof or remove the fruits thereof or fence off a part of any street or take such other temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner of the tree in the manner provided in section 538.”
Conclusion
Whenever immediate action is necessary, it is the duty of the Secretary to the Municipal Corporation or Municipality to cut and remove dangerous trees even without giving notice to the owner of the property.
