Kerala High Court
Girish M.V vs State Of Kerala on 30 June, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942
WP(C).No.12841 OF 2020(E)
PETITIONER:
GIRISH M.V.
AGED 47 YEARS
S/O.M.VELAYUDHAN NAIR, HOUSE NO.38/108, KRISHNA, OPP.
TO COCHIN PUBLIC SCHOOL, PIPELINE JUNCTION,
THRIKKAKARA, ERNAKULAM-682021
BY ADV. SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
TRIVANDRUM-695301
2 THRIKKAKKARA MUNICIPALITY
MUNICIPAL OFFICE, KAKKANAD.P.O,
ERNAKULAM KOCHI-682030,
REPRESENTED BY ITS SECRETARY.
R1 BY SRI.K.J.MANU RAJ, GOVT.PLEADER, SRI.G.G.MANOJ
R2 BY SRI. G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).No.12841 OF 2020(E)
ALEXANDER THOMAS, J.
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W.P.(C) No.12841 of 2020
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Dated this the 30th day of June, 2020
JUDGMENT
The case set up in this writ petition (c) is as follows:-
The petitioner approached the 2nd respondent Municipality requesting to name the road as "MEC Cross Road" (Model Engineering College Cross Road). The petitioner with nearby residents submitted Ext.P1 representation dated 20.12.2019 before the 2nd respondent. Ext.P2 is the acknowledgment receipt dated 08.01.2020 issued by the 2nd respondent acknowledging the receipt of Ext.P1 representation. The matter was taken into consideration in Ward Sabha Meeting held in the month of January 2020 and a positive decision was taken. But even after the same the 2nd respondent is not taking any action for naming the road. It is submitted that the 2 nd respondent is duty bound to take action for naming the public street. But even after Ext.P1 representation, so far no action has been taken by the 2 nd respondent in the matter. The non naming of the road is causing undue hardships and difficulty not only to the persons who are coming to the petitioner's residential house in connection with his business but also to the relative and friends.3
WP(C).No.12841 OF 2020(E) It is in the light of these averments and contentions, that the petitioner has filed this Writ Petition (c) seeking the following prayers:
"i. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing 2nd respondent to take steps to name the road lying in East-West direction near to Model Engineering College in Division No.38 of the 2nd respondent Municipality as "MEC Cross Road";
ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exhibit P1 representation filed by the petitioner and others after affording an opportunity of hearing, within a time limit to be prescribed by this Hon'ble Court;
iii. Grant such other and further relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of this case.
2. Heard Sri. C.Y.Vinod Kumar, learned counsel appearing for the petitioner, Sri. K.J.Manu Raj, learned Government Pleader appearing for R1 (State of Kerala) and Sri. G.G Manoj, learned Standing Counsel appearing for Thrikkakara Municipality (R2).
3. The petitioner seeks consideration of Ext.P1 representation dated 20.12.2019 submitted before the respondent Thrikkakara Municipal Authorities for giving name to an unnamed road in the locality in question and the proposed name is 'Model Engineering College Cross Road' and according to the petitioner, the Ward Sabha 4 WP(C).No.12841 OF 2020(E) has also given recommendation in favour of the proposal in Ext.P1 etc.
4. Taking note of the facts and circumstances it is ordered in the interest of justice that, 2nd respondent Thrikkakara Municipality may ensure to elicit the opinion of the Ward Committee or Ward Sabha as envisaged in Section 379 of the Kerala Municipalities Act, 1994 (hereinafter referred to as the 'Act 1994') for the proposed naming of the road as per Ext.P1, if not already secured and thereafter the Secretary of the Municipality will afford reasonable opportunity of being heard to the petitioner through his authorized representative or counsel, if any, and to any other interested persons and then may place the hearing note in the matter along with his remarks on the matter in Ext.P1 representation before the Municipal Council of the 2 nd respondent Thrikkakara Municipality. Steps in that regard should be duly completed by the Secretary of the Municipality within six weeks from the date of production of a certified copy of this judgment. It is submitted by both sides that the competent authority to take decision on the proposal in Ext.P1 in the matter of naming of road is vested with the Municipal Council of the respondent Municipality. Therefore after completing the above said process, the Municipal Council of the 2nd respondent Thrikkakara Municipality will take up for consideration 5 WP(C).No.12841 OF 2020(E) the matters raised in Ext.P1 representation and after ensuring adherence to the procedure prescribed in terms of Section 379 of the Act, 1994, may take an appropriate decision on the matter raised in Ext.P1 representation, in accordance with law, without much delay preferably within a period of one month after getting the abovesaid report of the Secretary of the Municipality as abovedirected.
5. The petitioner will produce a certified copy of this judgment along with the copy of the memorandum of this W.P. (C) with all the Exhibits before the 2nd respondent Secretary of the Thrikkakara Municipality for necessary information and further action.
With these observations and directions the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE hmh 6 WP(C).No.12841 OF 2020(E) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATE 20.12.2019 SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 08.01.20 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S/S EXHIBITS: NIL