Kerala High Court
Girinagar Welfare Association vs Corporation Of Kochi on 21 December, 2022
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 28014 OF 2022
PETITIONER/S:
GIRINAGAR WELFARE ASSOCIATION
REGISTRATION NUMBER 84/1971, SCHOOL ROAD, GIRINAGAR, ELAMKULAM
VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT, PIN CODE-682020,
REPRESENTED BY ITS SECRETARY, JACOB
MATHAI, S/O MATHAI, AGED 60 YEARS, RESIDING AT H.NO. 139, SCHOOL ROAD,
GIRI NAGAR, KOCHI 20.
BY ADV M.HARISHARMA
RESPONDENTS:
1 CORPORATION OF KOCHI
FORE SHORE ROAD,
ERNAKULAM, KOCHI-682 011,REPRESENTED BY ITS SECRETARY.
2 SECRETARY,
CORPORATION OF KOCHI, FORE SHORE ROAD,
ERNAKULAM, KOCHI-682 011.
3 EAPEN VETTATH EAPEN,
S/O.EAPEN, AGED ABOUT 60 YEARS, RESIDING AT H.NO.76, GIRINAGAR 6TH
CROSS ROAD, GIRINAGAR, ERNAKULAM, KOCHI-682 020
BY ADVS.
D.G.VIPIN - S.C.
EAPEN VETTATH EAPEN,(Party-In-Person)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28014 OF 2022
2
JUDGMENT
The petitioner, a registered association of the residents of Girinagar Housing colony, Ernakulam has approached this Court challenging Ext. P2 order issued by the Secretary, Corporation of Kochi, the 2nd respondent, with regard to naming of a road in Division No. 55 of the Corporation and its display. Ext. P2 was passed on an application of the 3 rd respondent to restore the name boards showing the name of the road as 'Vettath J. Mathai MLC road'. The 2 nd respondent took Ext.P2 decision to restore name boards with the aforesaid name, on either end of the road on the basis of resolution No. 10 of the Corporation Council dated 12.04.2012. As per the said resolution, the Council resolved to name the road in Division No.55 which connects to the Sahodaran Ayyappan Road with Girinagar Community road as 'Vettath J. Mathai MLC road'.
2. According to the petitioner, the decision taken by the WP(C) NO. 28014 OF 2022 3 Council to name the road as 'Vettath J. Mathai MLC road' was taken without their knowledge. It is also contended that Ext. P2 order of the 2nd respondent was passed behind their back. It is further stated that the petitioner has submitted Ext. P1 representation before respondents 1 and 2 and Ext. P3 resolution before the ward committee not to change the name of the road and not to assign the names of any persons to the road.
3. A counter affidavit is filed by the 3 rd respondent wherein he has produced Ext. R3(d), the copy of resolution No. 10 dated 12.04.2012 of the Corporation Council naming the road as 'Vettath J. Mathai MLC road'.
4. A counter affidavit is filed on behalf of the respondents 1 and 2 wherein it is stated that, by resolution No.10 dated 12.04.2012, the Corporation Council has taken a decision to change the name of road as 'Vettath J. Mathai MLC road' and the said decision is still in force. It is further stated that, the Corporation has recently received a proposal from the WP(C) NO. 28014 OF 2022 4 Division Councillor to change the name of 'Vettath J. Mathai MLC road', but the proposal is not yet placed before the Council.
5. Heard Sri. M. Hari Sharma, the learned counsel for the petitioner, Sri. D.G. Vipin, the learned standing counsel for respondents 1 and 2 and Eapen Vettath Eapen, the 3 rd respondent who appeared in person.
6. Section 379 of the Kerala Municipality Act, 1994 (hereinafter referred to as the 'Act', for short) deals with naming of public streets and reads as follows:
"379. Naming of Public Streets.-(1) The Municipality shall give names to the public street vested in and maintained by it and may alter the name of such public street:Provided that before such naming or renaming, the opinion of the Ward Committees or Ward Sabhas concerned shall be taken into consideration.
(2) The Secretary shall cause to be put up or painted in English and in the language of the locality on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name of every public street.
WP(C) NO. 28014 OF 2022 5 (3) No person shall, without lawful authority, destroy, pull down or deface any such name or put up any name different from that put up by order of the Secretary."
7. Ext. R3(d) resolution is dated 12.04.2012. It is not hitherto cancelled, rescinded or modified. Ext. P2 order has been passed by the 2nd respondent, who is to implement the resolutions of the Council, in terms of Ext. R3(d) resolution. I do not find any reason to interfere with Ext. P2.
8. According to the petitioner, they have preferred Exts.P1 and P3 before the 2nd respondent requesting not to assign the name of any person to the road. The petitioner prays for a direction to the 2 nd respondent to consider the same. In the counter affidavit filed by the 1st respondent, it is stated that the Corporation has received a proposal from the Division Councillor to change the name of 'Vettath J. Mathai MLC road', but the proposal is not yet placed before the Council. As and when the said proposal is placed before the Council, the Secretary shall also place Exts. P1 and P3 for the consideration of the Council and the Council shall hear the WP(C) NO. 28014 OF 2022 6 petitioner and the 3rd respondent before a decision is taken on the proposal.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-+ WP(C) NO. 28014 OF 2022 7 APPENDIX OF WP(C) 28014/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 24/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST AND SECOND RESPONDENTS Exhibit P2 TRUE COPY OF THE ORDER DT 25/05/2022 NO.K.R.E.2/1423/22 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 16/06/2022 SUBMITTED BY THE SECRETARY OF THE PETITIONER TO THE WARD COMMITTEE OF THE DIVISION 55 OF THE CORPORATION.
Exhibit P4 TRUE COPY OF THE ORDER PASSED IN WPC. NO. 9672/2022 DATED 30/03/2022.
RESPONDENT EXHIBITS Exhibit R3(a) TRUE COPY OF THE LETTER DATED 31/10/2017 FROM PARLIAMENT MUSEUM, DELHI WITH THE PHOTO OF ADV.VETTATH J.MATHAI, MLC ALREADY KEPT THERE Exhibit R3(b) TRUE COPY OF GRINAGAR ASSOCIATION OF WHICH MYSELF IS THE PRESIDENT Exhibit R3(c) TRUE COPY OF THE NOTICE SERVED TO GIRINAGAR RESIDENTS AND THE PETITIONER ON 2/2/2022 OF 18-5 Exhibit R3(d) TRUE COPY OF THE PAGE IN FILE NUMBER KRE-2-4798/11 OF COCHIN CORPORATION NOTING THE NAME OF ROAD PASSED IN 2012 Exhibit R3(e) TRUE COPY OF MALAYALA MANORAMA DAILY DATED 21/5/2012 ON THE INAUGURAL FUNCTION AND PARTICIPATION OF GIRINAGAR WELFARE ASSOCIATION Exhibit R3(f) TRUE COPY OF THE DOCUMENT NO 6943 OF 2006 VIDE PAGES 1 AND 5 TO PROVE THE ROADS NAMED TILL THAT YEAR IN GIRINAGAR.
Exhibit R3(g) TRUE COPY OF THE ADHAR CARD TO PROVE THE ADDRESS OF RESIDENCE DENOTING THE ROAD, SINCE 2012 Exhibit R3(h) TRUE COPY OF THE NEWSPAPER KOCHIVARTHA DATED 22/07/2012 TO PROVE THAT THE AUTHORISED BOARDS WERE DESTROYED EVEN FROM 2012 Exhibit R3(j) TRUE COPY OF THE POLICE ENQUIRY REPORT DATED 9/2/2019 WP(C) NO. 28014 OF 2022 8 Exhibit R3(k) TRUE COPY OF THE POLICE ENQUIRY REPORT DATED 8/3/2019 Exhibit R3(l) TRUE COPY OF THE INDIAN EXPRESS DAILY DATED 4/4/2019 Exhibit R3(m) TRUE COPY OF THE CRIME BRANCH POLICE ENQUIRY REPORT DATED 3/7/2019 Exhibit R 3(n) TRUE COPY OF THE COMPLAINT SUBMITTED TO HON'BLE DISTRICT COLLECTOR ON 27/8/2022 Exhibit R3(E) True copy of the relevant page in Malayala Manorama daily dated 21.05.2012 on the inaugural function and participation of Girinagar Welfare Association Exhibit R3(C) True copy of the notices served to Girinagar residents and the petitioner as a reminder on 02.02.2022 Exhibit R3(D) True copy of the page in File Number KRE-2-4798/ 11 of Cochin Corporation noting the name of road passed in 2012. Exhibit R3(F) True copy of the relevant pages in Document No. 6943 of 2006 vide pages 1 and 5 of house sold at Girinagar to prove the roads named till that year in Girinagar as per records of Housing Society Ltd or Cochin Corporation Exhibit R3(B) True copy of signed document on Girinagar Association of which myself is the president to prove that there are many Associations for the residents.
Exhibit R3(G) True copy of the Adhar Card to prove the address of residence denoting the road, since 2012.
Exhibit R3(H) True copy of the relevant pages Newspaper Kochivartha dated 27.05.2012 to prove that the authorised boards were destroyed even from 2012 Exhibit R3(J) True copy of the police enquiry report dated 09.02.2019.
Exhibit R3(K) True copy of the police enquiry report dated 08.03.2019 Exhibit R3(L) True copy of the Indian Express daily dated 04.04.2019 Annexure Annexure Exhibit R3(I) True copy of two pages of File No. KRE2-5290/2012 of Cochin
Corporation to prove the approval of 7 additional boards in the said road on 19.01.2013 Exhibit R3(N) True copy of the complaint submitted to Honorable District Collector WP(C) NO. 28014 OF 2022 9 on 27.08.2022 Exhibit R3(M) True copy of the Crime branch Police enquiry report dated 03.07.2019 Exhibit R3(A) True copy of the letter ( e-mail letter) dated 31.10.2017 from Parliament Museum, Delhi with the photo of Adv. Vettath J. Mathai, MLC already kept there Exhibit R3(O) COPY OF DAILY NEWSPAPER MATHRUBHUMI DATED 12.3.2014 Exhibit R3(P) COPY OF ORDER DATED 27.10.2022 IN COC NO. 1740/2022 IN WPC NO. 9672/2022 PASSED BY THE HON'BLE HIGH COURT Exhibit R3(Q) TRUE COPY OF THE JUDGMENT IN CON.CASE (C)NO884/2014 IN WPC NO. 9865/2013 DATED 13.11.2014 PASSED BY THE HON'BLE HIGH COURT OF KERALA Exhibit R3(R) TRUE COPY OF THE RELEVANT PAGE OF THEN EXISTING F RULE FROM 379(1) OF KERALA MUNICIPALITY ACT, 1994 PETITIONER EXHIBITS Exhibit P5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE NAME BOARDS APPEARING AT THE GIRI NAGAR HOUSING COLONY AND IN INDIRA NAGAR.
Exhibit P6 TRUE COPY OF THE WEB PAGE SHOWING THE NAMES OF VARIOUS ROADS IN ERNAKULAM DISTRICT AS VETTATH J. MATHAI (MLC) ROAD.
RESPONDENT EXHIBITS Exhibit R3(S) THE COPY OF ROAD IN THE FIGURE SKETCH IS ALREADY APPROVED BY THE TECHNICAL AND ADMINISTRATIVE WING OF KOCHI CORPORATION AS IT IS WELL INSIDE THE POSSESSION AND AUTHORITY OF KOCHI CORPORATION.