Kerala High Court
Bijin P.R vs The Secretary on 5 July, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938
WA.No. 2206 of 2016 IN WP(C).17102/2014
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AGAINST THE JUDGMENT IN WP(C) 17102/2014 DATED 05/07/2016
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APPELLANT/PETITIONER :
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BIJIN P.R.,
SECRETARY, SREE NARAYANA ROAD RESIDENTS' ASSOCIATION,
PALLIPARAMBIL HOUSE, CHUTTUPADUKARA,
EDAPPALLY, COCHIN-682 024.
BY ADVS.SRI.KRISHNADAS P. NAIR
SMT.K.L.SREEKALA
SRI.HARIDAS P.NAIR
RESPONDENTS/RESPONDENTS :
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1. THE SECRETARY,
CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682 011.
2. CHIEF ENGINEER,
CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682 011.
3. TOWN PLANNING OFFICER,
CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682 011.
R1 TO R3 BY ADV. SRI.P.FAZIL,SC, COCHIN CORPORATION
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mohan M. Shantanagoudar, C.J. & Sathish Ninan, J.
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W.A. No. 2206 of 2016
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Dated this the 15th day of December, 2016
JUDGMENT
Mohan M. Shantanagoudar, C.J.
Adv. P.K. Sajeevan submits that he has filed an application for impleading on behalf of the residents of Edappally area. The impleading application is not yet posted before the Court. However, having regard to the materials on record we have permitted him to argue. Heard all the counsel including Sri.Sajeevan.
2. The judgment dated 05.07.2016 passed in W.P.(C) No. 17102 of 2014 is called in question in this appeal by the original writ petitioner.
3. The case of the petitioner who represents Sree Narayana Road Residents' Association is that the name board shown in Ext.P5 as 'Sree Narayana Road' needs to be maintained in as much as the said road is named on the famous social reformer Sree Narayana Guruji. According to the petitioner, the said board is being removed by some of the persons illegally. It is the WA 2206/2016 -:2:- further case of the writ petitioner that the said board showing the name of the road as Sree Narayana Road is fixed at the beginning of the road and at the end of the road with the permission of the Corporation.
4. Sri. Sajeevan, learned counsel appearing on behalf of the Edappally Central Residents Association submits that the said board depicting Sree Narayana Road is not removed at all. On the other hand, another board is put up as Vadakkeppally Road at the end of Sree Naryana Road. According to the Edappally Residents Association, Sree Narayana Road ends at a junction and thereafter the board Vadakkeppally Road is fixed.
5. From the aforementioned rival contentions it is clear that there is some dispute with regard to certain facts, which cannot be gone into in writ proceedings. The learned single Judge has dismissed the writ petition since such facts cannot be adjudicated in the writ petition.
6. Section 379 of the Kerala Municipalities Act, 1994 deals with 'Naming of Public Streets'. Section 379(1) states that the Municipality shall give names to the public streets vested in and WA 2206/2016 -:3:- maintained by it and may alter the name of such public street, provided that before such naming or re-naming, opinion of the Ward Committees or Ward Sabhas concerned shall be taken into consideration.
The aforementioned provision thus makes it mandatory that it is for the Municipality to give name to a public street. It is not open for any of the private persons to put up name board.
7. In view of the same, we decline to interfere with the impugned judgment. However, before parting with the judgment we direct the Municipality to consider the matter on facts and thereafter take appropriate decision, after notice to the parties.
The appeal stands dismissed with the above observation.
Sd/-
Mohan M. Shantanagoudar, Chief Justice.
Sd/-
Sathish Ninan, Judge.
ttb/15/12