A.S.Anwardeen v. The Tamilnadu State Election Commissioner
W.P(MD)No.19312 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.19312 of 2019 A.S.Anwardeen .. Petitioner Vs.
1.The Tamil Nadu State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai-600 106.
2.The Regional Director of Municipal Administration, Melakkal Road, Kochadai, Madurai, Madurai District.
3.The Commissioner, Ramanathapuram Municipality, Ramanathapuram, Ramanathapuram District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to restore the existing street name I.e., "Khan Sahib Street"in ward No.14 and consequentially forbear the respondents to alter or remove the street name in terms of Rule 189 of the District Municipality Act within the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar for Ajmal Associates For R1 : Mr.D.Shanmuga Raja Sethupathi For R2 : Mr.A.K.Baskara Pandian Special Government Pleader For R3 : Mr.K.Kannan
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.C.Venkatesh Kumar, learned counsel for the petitioner, Mr.D.Shanmuga Raja Sethupathi, learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.19312 of 2019 first respondent, Mr.A.K.Baskara Pandian, learned Special Government Pleader for the second respondent and Mr.K.Kannan, learned counsel for the third respondent.
2. By consent of both parties, the present writ petition is taken up for final disposal.
3. This writ petition has been filed praying for a direction upon the respondents 2 and 3 to restore his street name as 'Khan Sahib Street' and to forbear the respondents from altering and removing the street name. Even from the records filed by the petitioner, namely the voters list, the area has been shown as Naganathapuram and pin code is 623 504. The case of the petitioner is that in the Adar Card, the address of the petitioner has been given as Khan Sahip Street.
4. The learned counsel appearing for the third respondent submitted that the records show that the area has been classified as Naganathapuram and merely because in the Adar Card of the petitioner some other street name is given, the official records cannot be changed. It is further pointed out that such representation was made to the Government, and it was rejected. In any event, while exercising the power of Article 226 of the Constitution of India, we cannot be expected to rename the roads and streets. It is the duty of the local administration, who has to name the roads and streets. From the material placed before this Court, it is evidently clear that the area has been called as Naganathapuram. Therefore, we are not inclined to entertain the present writ petition. Accordingly, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To The Regional Director of Municipal Administration, Melakkal Road, Kochadai, Madurai, Madurai District.
+1 CC to M/s.A.KANNAN, Advocate ( SR-85261[F] dated 05/09/2019 ) +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-85709[F] dated 06/09/2019 ) ORDER MADE IN W.P(MD)No.19312 of 2019 05.09.2019 ta JM/23.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2