Kerala High Court Uses Humour and Biblical Reference to End Coconut Tree Dispute Between Neighbours

The Kerala High Court recently dismissed a writ petition arising from an unusual dispute between two neighbours over a coconut tree situated on one neighbour’s property. While deciding the matter, Justice P.V. Kunhikrishnan adopted a light-hearted yet meaningful approach, observing that if the coconut tree had the ability to laugh, it would probably laugh at the neighbours fighting over its existence.

The petitioner had approached several authorities, including the Panchayat, Revenue Department and Ombudsman, claiming that the coconut tree posed a danger to his family, vehicles and property. Unsatisfied with the measures already taken, he ultimately moved the High Court seeking further action.

To ascertain the facts, the Court appointed an Advocate Commissioner, for whom the petitioner paid ₹1 lakh as remuneration. The Commissioner’s report found that the tree was well-rooted, did not pose any imminent danger and had already been secured with an iron wire and protective net. The report further suggested that periodic maintenance and extension of the protective net would adequately address any concerns.

Relying on the Commissioner’s findings, the Panchayat’s report and the Ombudsman’s directions, the Court concluded that there was no genuine threat from the tree. Describing the case as an example of unnecessary litigation arising from personal differences, the Court remarked that such issues should ideally be resolved through mutual understanding rather than prolonged legal proceedings.

Quoting the Biblical verse “Love your neighbour as yourself” from Matthew 22:39, the Court encouraged the parties to settle their differences over a cup of tea or coffee and dismissed the petition without imposing costs.