Kerala High Court
K.A.Joshy vs Corporation Of Cochin on 17 July, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 3852 OF 2024
PETITIONER:
K.A.JOSHY,
AGED 51 YEARS
S/O. ANTHAPPAN, KAITHAVALAPPILHOUSE,
KACHERIPPADI WEST, PALLURUTHY, PO, ERNAKULAM,
PIN - 682 006.
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
R.S.SREEVIDYA
MANU M.
RESPONDENTS:
CORPORATION OF COCHIN,
REPRESENTED BY ITS SECRETARY, KOCHI,
1
ERNAKULAM, PIN - 682 011.
P.R.RACHANA,
COUNCILLOR, DIVISION NUMBER-19,
KOCHI MUNICIPAL CORPORATION,
2
RESIDING AT SHOBHANAM, PUTHUKKELIPARAMBIL,
KONAM WEST,PALLURUTHY,KOCHI, PIN - 682 006.
SRI.S.JANARDHANA SHENOY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3852 OF 2024
2
MOHAMMED NIAS C.P., J
==========================
W.P(C) No. 3852 of 2024
==========================
Dated this the 17th day of July, 2024
JUDGMENT
Petitioner is stated to be the Member of Ward No.19 of the Corporation of Cochin. The Corporation decided to change the name of Kalloochira Road to St. Augustine's Convent Road. The petitioner apprehends that the Corporation was again going to rename the road and preferred this writ petition to command the 1st respondent not to change the name St Augustines Convent Road to Kallochira Road or any other name.
2. A counter affidavit has been filed on behalf of the 1st respondent, wherein it is stated that after the renaming of the road, there were protests from people residing in the locality. Accordingly, the Ward Committee of division-19 considered the said issue and it was decided to rename the said road as Kalloochira road and to name the junction as St. Augustine's Convent Junction. Based on the said decision, the matter was placed before the Standing Committee which forwarded the matter to the Municipal Council to retain the road in WP(C) NO. 3852 OF 2024 3 question as Kalloochira Road and the junction as St. Augustine's Convent Junction. These decisions were taken strictly in terms of Section 379 of the Kerala Municipality Act, 1994. This is recorded.
3. The apprehension of the petitioner is unfounded as the learned Standing counsel appearing for the corporation submits that the decision of the standing committee which is forwarded to the Municipal Council could not be implemented as this Court had passed an interim order on 01.03.2024 for two months. Later by order dated 11.07.2024, the interim order was revived and extended for two weeks. Though, the matter came before the council on 12.07.2024 no decision was taken on account of the extension of the interim order. It is submitted that a decision, as stated above will be taken in the next Council meeting. This is also recorded. In view of the above, nothing further remains for consideration in the above writ petition and the same is accordingly closed.
Sd/-
MOHAMMED NIAS C.P. JUDGE SCB WP(C) NO. 3852 OF 2024 4 APPENDIX OF WP(C) 3852/2024 PETITIONER EXHIBITS A TRUE COPY OF THE REQUEST DATED 29/04/2023 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE EXHIBIT P1 2ND RESPONDENT.
A TRUE COPY OF THE AGENDA FOR COUNCIL MEETING EXHIBIT P2 DATED 27/07/2023.
TRUE PHOTOGRAPHS OF THE 2ND RESPONDENT EXHIBIT P3 INSTALLING THE BOARD.
A TRUE PHOTOCOPY OF THE NOTICE DISTRIBUTED BY EXHIBIT P4 POWRASAMITHY.