V.C.Mathew vs State Of Kerala on 9 July, 2010

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Kerala High Court

V.C.Mathew vs State Of Kerala on 9 July, 2010

Bench: T.R.Ramachandran Nair

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15075 of 2010(H)


1. V.C.MATHEW, S/O.LATE ITTY AVIRAHA,
                      ...  Petitioner
2. K.NIZAR, S/O.LATE KHADER,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. KALAMASSERY MUNICIPALITY,

3. THE SECRETARY,

4. T.T.DINESH,

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  :SRI.GEORGE VARGHESE (MANACHIRACKEL)

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :09/07/2010

 O R D E R
                      T.R. Ramachandran Nair, J.
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                      W.P.(C) No. 15075 of 2010-H
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                 Dated this the 9th day of July, 2010.

                                 JUDGMENT

The petitioners are aggrieved by the inaction on the part of the Municipality to remove the name board and sign fixed in the bye-road in which the petitioners and other residents are residing, viz. "M.A. Sajeev Bye-road" in Ward No.32 of Kalamassery Municipality. It is alleged that the same is in violation of Section 379 of the Kerala Municipality Act.

2. The allegation raised in the writ petition is that the road in question was known as 'Godown Road' which was renamed as "M.A. Sajeevan Road" and presently, the said road was renamed as "M.A. Sajeevan Bye-road" at the instance of the 4th respondent.

3. Heard learned Standing Counsel for the Municipality as well as learned counsel appearing for the 4th respondent.

4. It is up to the authorities of the Municipality to consider the various aspects in the light of the statutory provisions. The petitioners have already moved the Municipality by Exts.P1 and P3.

There will be a direction to respondents 2 and 3 to consider Exts.P1 and P3, take action in accordance with law and appropriate directions will wpc 15075/2010 2 be issued to the concerned parties after taking a suitable decision in the matter, within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.) kav/

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