Sahabudeen.G.B v. The State Of Tamil Nadu
W.P.(MD).No.7939 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.7939 of 2021 G.B.Sahabudeen
...Petitioner
Vs.
1. The State of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supplies Department, St.George Fort, Chennai-600 009.
2. The District Collector, Nagercoil, Kanyakumari District.
3. The Commissioner, Nagercoil Corporation, Nagercoil, Kanyakumari.
4. The Revenue Divisional Officer, O/o. Collectorate, Nagercoil, Kanyakumari District.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to retain and maintain the name of our street as "Santhi Street" which is the original name of our street, in Ward No.18, Idalakudi, Nagercoil, Kanyakumari District and thereby pass orders, by considering the petitioner's representation dated 23.02.2021, within a stipulated time frame by this Court.
For Petitioner : Mr.C.Kishore For R-1, R-2 & R-4 : Mr.M.Muniasamy Additional Government Pleader For R-3 : Mr.Aathimoolapandian
ORDER
The present Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner, wherein, the petitioner and other persons residing in the locality have opposed to change the name of the street from "Santhi Street" to "Satavathani Sheik Thambi Pavalar Street".
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W.P.(MD).No.7939 of 2021
2. Heard Mr.C.Kishore, learned counsel appearing for the petitioner, Mr.M.Muniasamy, learned Additional Government Pleader appearing for the respondents 1, 2 and 4 and Mr.Aathimoolapandian, learned counsel appearing for the third respondent.
3. In the considered view of this Court, the naming of a street falls within the exclusive domain of the respondents and there is no enforceable legal right, which can be enforced by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The opposition to rename a street can only be made by way of a protest and the same cannot reach this Court, since it is purely within the discretion of the authorities.
4. In view of the above, this Court cannot issue any directions as sought for in this Writ Petition and it is left open to the authorities to consider the objections made by the residents and take a appropriate decision.
5. This Writ Petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To
1. The Secretary, the State of Tamil Nadu, Municipal Administration and Water Supplies Department, St.George Fort, Chennai-600 009.
2. The District Collector, Nagercoil, Kanyakumari District.
3. The Revenue Divisional Officer, O/o. Collectorate, Nagercoil, Kanyakumari District.
+1 CC to M/s.C.KISHORE, Advocate ( SR-16105[F] dated 16/04/2021 ) +1 CC to M/s.SPL GP ( SR-16273[F] dated 17/04/2021 ) NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Order made in W.P.(MD).No.7939 of 2021 Dated:
16.04.2021 RK (26.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2