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HC refuses to interfere decision of local body

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Press Trust of India Madurai
The Madras High Court Bench here has refused to interfere in the decision of the local body to name the Mela Sankaran Kuzhi Panchayat in Kanyakumari district as 'Thoppur.'

Justice P R Shivakumar, dismissing an appeal filed by Kumaresan and K Dharmalingam, said they did not represent the general public and had no locus standi to question a common name assigned to a particular locality by the local body concerned.

The appellants had initially filed a civil suit before an Additional District Munsif Court in Nagercoil in 2004, and it was dismissed.

They wanted to direct the panchayat to refrain from erecting name boards or pasting posters referring to the locality as either 'Thoppur'or by any name other than Mela Sankaran Kuzhi. They wanted "Thoppur name boards to be removed. The suit was dismissed on merits in 2007. The first appeal was also dismissed by the Principal Subordinate Court in Nagecoil.
 

"When a village or any part carved out from the village is said to be given a specific name, individuals can not question such an act on the part of the Revenue Department", the Judge said.

The judge said that Even if the residents of a particular area want to give a specific name to their area and seek the approval for such naming and incorporation of such a name in the revenue records, individuals could not challenge it before the civil court.

If the petitioners want to represent the public of the village in general to oppose any such move, they could very well move the local body for passing a resolution either in favour or against the change of name of the village or assigning of name for a particular area, the judge said.

If some residents of a particular area or ward give their area a name of an individual or a leader or prominent person of a particular community or religion, it may be questioned by individuals herein. But if a common name was given they should approach competent authorities for necessary orders.

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First Published: Jun 07 2015 | 9:22 PM IST

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