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Hemanth Kumar E.R   17 December 2024

Possible planning and plotting in neighborhood against us

While my family and I were away from 13/12/2024 to16/12/2024, we discovered upon our return that several branches of our jackfruit tree and coconut tree had been cut down more than required level, some shredded deeply within our property. Additionally, we found that some coconuts had been stolen from the tree. What we found surprising that both our house door and main door was locked and an auto rickshaw was parked in the main passage making difficult any one to enter into our property without our permission from main door.

This damage appears to have been intentional, and we strongly suspect that our neighbour and her family are responsible for this act.

Our suspicion is based on the following:

  1. History of Disputes: Ever since our neighbour new house was constructed, she and her family have been frequently quarreling with us about the branches and leaves of our trees, particularly the coconut and jackfruit trees. They have made unreasonable demands, expecting that none of our tree branches or leaves should fall onto their property. Despite these demands, the trees have been there for many years, even before we moved in 12 years ago and she also has been here even before us, but she never complaint about this to us before. As you know, the trees in our colony have always naturally extended over neighborhoods property line due to the small size of the plots in our colony.
  2. Unequal Treatment of Neighbors: Despite the fact that other neighbor’s coconut trees also have branches hanging over her property, our neighbour has consistently targeted only us, even though another neighbor has its coconut tree branches touching over her house, Even before , the neighour had built their new house, she also had trees at her backyard whose leaves and branches were falling on our property, but we never raised the concerned and as a good neighbor we were cleaning all leaves from their trees falling on our property by our own
  3. Previous Assurances and Compliance: In an attempt to resolve the matter amicably, we assured our neighbour and her family that we would regularly maintain the trees by removing coconuts and trimming the branches once a year, as a goodwill gesture. We submitted the same in writing to the Police Station and Municipality. We have adhered to this promise every year and have even hired workers to prune the trees. I have personally cut the branches I could manage myself, and there has been no damage caused to her property till now.
  4. Incident During Our Absence: Just before leaving for our short trip last Friday, we had a quarrel with neighbour and her daughter on Thursday regarding the same matter of tree branches hanging over the boundary and the falling of leaves. During our quarrel with neighbour and her daughter, we once again assured them that the branches would be trimmed soon, and we had already contacted the necessary workers. However, since we were away for three days, will take care of it once we are back from the trip. It seems they took advantage of our absence and trespassed onto our property, cutting the branches more than required and stealing coconuts.

We enquired with the other neighbour and they told that the branches have been shreded by a person whom we have only asked to shred the branches 10-15 days back.  But he did not come to us to find how much and what branches to be cut. We believed that it was done under pure conspiracy since the neighbour we have dispute with,  also knows the same person and they might have asked the person to shred the branches when we will be not be in the premised.

We went police station and filed complaint for Trespassing and Intentional Property Damage as we trusted that our neighbour has only asked the person whom we have contacted to shred the branches when we are not around in  the property. Police came to our property and found that person. The person also told the police that we have only asked him to shred the branches and since he was busy other days, he found time when we were not there and came inside locked campus and have cut the branches. He denied that he was asked by the neighbour to cut the branches.

Now police does not seem to be in mood for any further investigation and in fact they sort of blamed us for why we have asked the person to shred the branches. Police also did not seem to be any interset to investigate the person to find the actual truth.

On the other hand we think that it is under perfect planning by our neighbour since they also knew the person and this person is favourably inclined towards them. The person also did not come to us when we were there in the property to find out how much and what branches to be cut. They knew once this person shreds the branches no matter how deep or unnecessary the cutting would be, police/we can not do anything, since we have only asked once the person to cut the branches.

Now we want to know what further steps we can take on this matter or should we leave this matter here itself ?? We need your helpful advice in  this matter since we are stuck here and we are getting the sense that police is also not very intersted in taking this case ahead and wants to close this here ? While we believe that if police do hard inquiry with the person, he might tell why he has done this when we were not in the property.

 

Thank You



Learning

 5 Replies

P. Venu (Advocate)     17 December 2024

The lengthy posting does not suggest any fact which could be the cause for a civil or criminal action. Please note that mere suspicion does not constitute a cause of action.

Hemanth Kumar E.R   17 December 2024

Hello Dear P.Venu Sir,

Thank you for your time on this. As I mentioned, the first criminal act is itself that someone entered our property in our absence and had cut the branches of our tree.

Secondly, even though we have asked the person to come and cut those branches back in some week, that are hanging/touching neighbour house, he had cut many branches more than what was required so that also an act of crime where we have suspicion that our neighbour has asked the person to do so.

Please advise.

 

T. Kalaiselvan, Advocate (Advocate)     17 December 2024

Your lengthy post gives no clarity nor there's any proper detail about what action you had taken or would require.

You can contact an advocate in the local and proceed 

Hemanth Kumar E.R   17 December 2024

Hello Kalaiselvan Sir,

I believe I have updated with clarity and lengthy post is reason that any one who reads all the contents get clear information.

 

We went police station and filed complaint for Trespassing and Intentional Property Damage as we trusted that our neighbour has only asked the person whom we have contacted to shred the branches when we are not around in  the property. Police came to our property and found that person. The person also told the police that we have only asked him to shred the branches and since he was busy other days, he found time when we were not there and came inside locked campus and have cut the branches. He denied that he was asked by the neighbour to cut the branches. Now police does not seem to be in mood for any further investigation and in fact they sort of blamed us for why we have asked the person to shred the branches. Police also did not seem to be any interset to investigate the person to find the actual truth. On the other hand we think that it is under perfect planning by our neighbour since they also knew the person and this person is favourably inclined towards them. The person also did not come to us when we were there in the property to find out how much and what branches to be cut. They knew once this person shreds the branches no matter how deep or unnecessary the cutting would be, police/we can not do anything, since we have only asked once the person to cut the branches.

Dr. J C Vashista (Advocate )     18 December 2024

Contact, consult and engage a local prudent lawyer to listen facts of the case patiently, analyse, form proper opinion, professional advise and necessary proceeding, such lengthy facts can neither be gone through nor obliged.


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