Kerala High Court
Sri.Xavier George N.J vs State Of Kerala on 29 November, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940
WP(C).No. 37282 of 2015
PETITIONER/S:
SRI.XAVIER GEORGE N.J
NADUVILE HOUSE, LFC ROAD, NORTH KALOOR, ERNAKULAM
DISTRICT.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 CORPORATION OF COCHIN
ERNAKULAM-682011, REPRESENTED BY ITS SECRETARY.
3 THE ASSISTANT ENGINEER
CORPORATION OF COCHIN, EDAPALLY AREA OFFICE,
EDAPALLY, ERNAKULAM DISTRICT-24.
4 SUB INSPECTOR OF POLICE
ERNAKULAM TOWN POLICE STATION, ERNAKULAM, PIN-682018.
5 ADDL.R5 UNNIKRISHNAN B.R
AGED 38 YEARS
S/O PRABHAKARAN NAIR, CONVENOR, PERANDOOR BHAGAVATHY
TEMPLE, ELAMAKKARA P.O, KOCHI-26.
6 ADDL.R6 M.N.MURALEEDHAR
AGED 57 YEARS
S/O M.G.NANDIKESHWAR, PRESIDENT, SREEMAN DATHATHREYA
DEVASTHANAM, ELAMAKKARA.
7 ADDL.R7 E.V.BIJU
EDAKKADAVIL HOUSE, SECRETARY, DHEEVARA MANDALAM
SABHA, AKDS NO.83, ELAMAKKARA.
8 ADDL.R8 K.R.RAJESH
KAYAPILLY, PARAMBU, SECRETARY, GANAPATHI TEMPLE,
(KUDUMBI SAMUDAYAM) ELAMAKKARA. (ADDL.R5 TO R8 ARE
WP(C).No. 37282 of 2015
2
IMPLEADED AS PER ORDER DATED 20/06/2016 IN
IA.2911/2016)
BY ADVS.
R2 & R3 SRI.V.E.ABDUL GAFOOR,SC,COCHIN CORPORAT
SRI.UNNIKRISHNAN.V.ALAPATT
R1 & R 4 SMT.RAJI T. BHASKAR
R5 TO R8 SRI.UNNIKRISHNAN.V.ALAPATT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37282 of 2015
3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"I) Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to consider Ext.P4 and dispose of the same within a time frame.
ii) issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;"
Apparently the issue raised in this writ petition is in respect of naming of a road starting from Kaloor Junction to Perandoor. According to the petitioner, originally as per Exts.P1 and P2, it is clear and evident that starting from Kaloor, the name of the road was Little Flower Church Road or LFC Road. However, the same was removed by some miscreants and thereupon, applications were filed before the Corporation. Even though the Corporation attempted to restore the Board, and once restored it, it was removed by some other persons forcibly. Even though thereafter the Corporation attempted to put up the Board, it is stated by the Corporation that, they could not put put up the Board, due to the obstruction created by third persons. It is thus seeking appropriate directions to the Corporation, this writ petition is filed.
2. Corporation has filed a statement stating that the Board was WP(C).No. 37282 of 2015 4 replaced as LFC Road and later some one has removed that Board and put up the Board as Perandoor Road. So also, the additional respondents 5 to 8 have also filed a counter affidavit along with the impleading petition, wherein it is stated that, it is not definite as to whether the road originally had the name Little Flower Church road. The Board fixed there under was removed for road construction later without any authority of the Corporation, a board was put up by some body with the name Little Flower church road. However, later a board with the name Perandoor road was fixed there under and therefore, there is no clarity with respect to the name of the road and a decision will have to be taken by the authorities of the Corporation in accordance with the provisions contained under Section 379 of the Kerala Municipality Act, 1994.
3. I have heard respective Counsel across the Bar and perused the pleadings and documents on record. Evident from Exts.P1 and P2 documents produced by the petitioner, it is clear that, staring from Kaloor junction at different points, the road had different names. Starting from Kaloor up to Pottakuzhi junction, the name of the road was LFC Road and from Thannikkal junction, up to Perandoor, it is Perandoor Road. Therefore, in my considered opinion if the Corporation is putting up a board starting from Kaloor junction as Little Flower Church Road, necessarily, the street has to be named as such. If any WP(C).No. 37282 of 2015 5 body is aggrieved by such change, they will be at liberty to approach the authorities under the Municipality Act, 1994, seeking naming of the street. But, however, taking law into the hands cannot be permitted at any cost. Therefore, there will be a direction to the Secretary of the 2 nd respondent Corporation to restore the board starting from Kaloor junction as Little Flower Church road, if the road originally had such name, if required by using force by resorting to Police protection, in accordance with the provisions of Act, 1994. I also make it clear that the party respondents namely 3rd respondent to 8th respondent are at liberty to approach the authorities of the Corporation seeking naming of the road, which shall be considered in accordance with law, after securing necessary participation of all concerned.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 37282 of 2015 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 : TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER IN FORM NO.3 EXHIBIT P2 P2 : TRUE COPY OF THE INFORMATION RECEIVED UNDER RIGHT TO INFORMATION ACT WITH REGARD TO PERANDOOR ROAD.
EXHIBIT P3 P3 : TRUE COPY OF THE REPRESENTATION DT 21- 7-2014.
EXHIBIT P4 P4 : TRUE COPY OF THE JUDGMENT DT 18-11-2014 IN WPC.NO.30528/2014.
EXHIBIT P5 P5 : TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT IN THE CONTEMPT OF COURT CASE NO.1195/2015.
EXHIBIT P6 P6 : TRUE COPY OF THE AFFIDAVIT DT 13-10- 2015.
EXHIBIT P7 P7 : COPY OF THE JUDGMENT DT 21-10-2015 IN CONTEMPT OF COURT CASE NO.1195/2015.