K.Jayaprakash Narayanan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.32974 of 2016 WMP No.28492 of 2016 K.Jayaprakash Narayanan

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Chennai - 600 003.

2. The Deputy Commissioner (South), Corporation of Chennai, Zone No.12, Alandur, Chennai -16.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to put the petitioner's father's name "Vallal Kathirvel Mudaliar Poonga" for the park situated in Thirvaulluvar Nagar, Mugalivakkam in Zone-12, Ward No.156, Greater Chennai Corporation.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.V.C.Selvasekaran

ORDER

The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondents to put the petitioner's father's name "Vallal Kathirvel Mudaliar Poonga" for the park situated in Thirvaulluvar Nagar, Mugalivakkam in Zone-12, Ward No.156, Greater Chennai Corporation.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the materials available on record.

3. The case of the petitioner is that his father owned vast extent of lands in Survey Nos.359, 38/8, and 39/8 in

Mugalivakkam Village, Kundrathur Panchayat Union, Sriperumpudur Taluk, Kancheepuram District. The petitioner would state that at the time of forming of lay out in this property, assurance was given to name of his father for streets. But the park situated in the lay out was not named in the petitioner's father and hence, he gave a representation on 30.06.2016. Since, no order was passed, the present writ petition.

4. In the counter affidavit filed by the respondents, it is stated that the Corporation, vide resolution No.368/2015, dated 03.08.2015 has decided to develop a park in Thiruvallur Nagar, Mugalivakkam, Chennai at the cost of Rs.1,76,35,000/- and the successful bidder has been awarded with the work order for developing park.

5. It is further stated that in G.O.Ms.No.573, Municipal Administration and Water Supply Department, dated 14.12.2011, the Government has already decided not to change the name of the Government buildings, roads, streets and bus stands etc. In fact, the resolution of the Municipal Council for changing the names in Mannargudi and Thiruthuraipoondi Municipalities were rejected by the said G.O.

6. The petitioner approached this Court by filing this writ petition contending that the authorities have accepted to name the streets on the name of the original owners and they could have very well named the park in the name of the petitioner's father. But they have named the park as Nathamuni Street Park. However, no rule or regulation has been produced in support of the case of the petitioner.

7. On the other hand, it is contended by the learned Standing Counsel for the respondent that in the light of the G.O.Ms.No.573, dated 14.12.2011, referred supra, the petitioner's request cannot be considered.

8. Taking note of the above facts, this Court is of the opinion, the writ petition has no merits and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pvs

To +1cc to Mr.C.Prakasam, Advocate, S.R.No.17342 WP.No.32974 of 2016 CS/26/03/18