The Kerala High Court recently, issued an interim order directing that status quo ought to be maintained in the re-naming of the Kaloor-Kadavanthra Road for a period of one month. Justice N. Nagaresh passed the above order while admitting the petition. In the petition moved through M/S Basil Mathew, Ninan John, Sanjana Sara Varghese Annie, and Ajay Krishnan S., it was averred that...
The Kerala High Court recently, issued an interim order directing that status quo ought to be maintained in the re-naming of the Kaloor-Kadavanthra Road for a period of one month.
Justice N. Nagaresh passed the above order while admitting the petition.
In the petition moved through M/S Basil Mathew, Ninan John, Sanjana Sara Varghese Annie, and Ajay Krishnan S., it was averred that the petitioners, who are residents of the area, were personally affected by the decision of the Kochi Municipal Corporation (2nd respondent) to change the name of the Kaloor-Kadavanthra Road, in violation of the provisions of the Kerala Municipality Act, 1994, and the Kerala Municipality (Procedure for Meeting of Council) Rules, 1995. It was averred that a Municipality is empowered to alter the name of a public road only if such street is maintained and vested in it as per Section 379 of the Act. Since in the instant case, the Kaloor-Kadavanthra Road is vested in and maintained by the Greater Cochin Development Authority (GCDA), it was averred that the Municipality had no authority in law to alter its name. It was submitted by the petitioners that it was pursuant to the request by the Kumareswara Pulaya Service Society that a request to change the name of the Kaloor-Kadavanthra road to 'Mahatma Ayyankali Road' was submitted to the 2nd respondent, and an agenda in this regard was put up to the Town Planning Committee on 4th February 2021 by the Secretary of the Kochi Municipal Corporation (3rd respondent herein). Subsequently, the Town Planning Committee recommended the said request to the Council of Respondent 2 as acceptable, and that the same ought to be forwarded to the GCDA along with recommendation of the Council, since ownership of the road vests in the GCDA. An agenda was thus put up by the Council in this regard on September 1st, 2021, and for bringing it to the knowledge of the Council. On the same date, the Councillor of Ward 64 expressed his dissent in accepting the agenda, since according to him, apart from the original name being the most suitable, the change would also lead to technical problems in correcting the title documents, Aadhaar cards and other documents of residents in the area. On 10th September 2021, he submitted a letter to the 3rd respondent that he had received complaints from various residents regarding the change of name, and demanded that the Ward Committees of Ward Nos. 54, 63, 64, and 65 were to be taken in this regard.
It was further averred by the petitioners that the decision to change the names of the 'Kaloor-Kadavanthra Road' to 'Sree Narayanaguru Road', 'Thammanam-Pulleppady Road' to 'Mahatma Ayyankali Road', and 'Stadium Link Road' to 'Chavara Kuriakose Achen Road' was politically motivated, and aims at religious appeasement. The petitioners pointed out that decision was taken without considering the opinion of Ward Committees for Ward Nos. 54, 63, 64, and 65, in violation of the procedure in Proviso to Section 379(1). It was submitted that a conjoint reading of Section 379(1) and Section 46(2)(iii) and (iv) of the Act would show that consent of the respective Ward Committees was required to change the name of the Public street. Additionally, it was pointed out that the Ward Committees also had the power to 'veto' a decision by the Municipality under Section 379(1) of the Act, although they do not have the power to direct the Municipality to alter the name, and that the said decision had been taken in violation of the provisions of the Act, the Rules, and the principles of Natural Justice. Hence, the petitioners have filed the instant petition seeking the Court to quash the aforementioned decision to alter the name of the road through the issuance of appropriate, and also to direct the respondents from altering the name of the Kaloor-Kadavanthra Road to any other name.
The case had been posted for after 3 weeks. The respondents have also been directed to file their counter affidavit within the stipulated period.
The respondents in the instant case are represented by the Government Pleader, the Standing Counsel for the Kochi Municipal Corporation, Standing Counsel Vipin P. Varghese, and Advocates Adarsh Mathew, Kevin Mathew George, Meera Elsa George, and Merline Mathew.
Case Title: Lawrence Alex & Ors. v. State of Kerala & Ors.