IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 25090 of 1999 Between: 1 K.Kotaiah, S/o Jaggaiah, R/o H.No.2-3-123, to 128, Kaman Road, Karimnagar. 2 A.Bala Ram, S/o Veeraiah, R/o H.No.2-3-129, Kaman Road, Karimnagar. 3 M.Chandraiah, S/o Balaiah, R/o H.No.2-3-132, Kaman Road, Karimnagar. 4 M.Ramaiah, S/o Balaiah, R/o H.No.2-3-132/1 Kaman Road, Karimnagar. 5 M.Gopal Loya S/o Ramchandra Loya, R/o H.No.2-3-134 & 135, Kaman Road, Karimnagar. 6 Radheshyam Loya S/o Ramchandera Loya, R/o H.No.2-3-136 & 137, Kaman Road, Karimnagar. 7 P.Digamber, S/o Kondal Rao, R/o H.No.2-3-138, 139, 140, Kaman Road, Karimnagar. 8 Ghanshyam Loya, S/o Heeralal, R/o H.No.2-3-142 to 145, Kaman Road, Karimnagar. 9 P.Ramchander, Rao, S/o Kondal Rao, R/o H.No.2-3-146 to 152, Kaman Road, Karimnagar. 10 K.Sreenivas Rao, S/o Sudhakar Rao, R/o H.No.2-3-153, Kaman Road, Karimnagar. 11 B.Prabhakar, S/o Bhoomaiah, R/o H.No.2-3-154, Kaman Road, Karimnagar. 12 T.Gunvanth Singh, S/o Kishan Singh, R/o H.No.2-3-156, Kaman Road, Karimnagar. 13 G.Bhoomaiah, S/o Balaiah, R/o H.No.2-3-156, Kaman Road, Karimnagar. 14 T.Sudharshan, S/o Chennaiah, R/o H.No.2-3-162, Kaman Road, Karimnagar. 15 T.Govardhan, S/o Chennaiah, R/o H.No.2-3-163, Kaman Road, Karimnagar. 16 B.Raja Reddy, S/o Buchi Reddy, R/o H.No.2-3-164, Kaman Road, Karimnagar. 17 P.Jamuna Devi S/o Jai Prakash Panpalia, R/o H.No.2-3-165, Kaman Road, Karimnagar. 18 N.Kista Reddy, S/o Ram Reddy, R/o H.No.2-3-1159 to 161 Kaman Road, Karimnagar. ..... PETITIONER(S) AND 1 The District Collecter , Karimangar. 2 The Revenue Divisional Officer, Karimangar. 3 The Executive Engineer PWD R & B, Karimangar. 4 The Commisioner, Muncipality Karimanagar. 5 Sardar Manjeeth Singh, S/o Jagan Singh, Muncipality Karimnagar, C/o Prem Lodge, Kaman Road, Karimnagar. 6 V.Parvathulu, Father Name Not Known to the petitioner Near Kaman Karimnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue directions orders more particularly in the nature of WRIT OF MANDAMUS declaring the impunged action of the respondents in constructing the divider on PWD Road Kaman to Bus Station Karimnagar Town and errecting the Electrical Lighting Poles on the driver near the house of the petitioners situated near Kaman Karimnagar Proper as arbitrary, illegal bad and unjust and set aside the same or be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the matter. Counsel for the Petitioner:MR.C.RAMESH SAGAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VEENA} ORDER: This writ petition is misconceived. The petitioners claim to be the residents on the southern aspect of the PWD road connecting Karimnagar to Hyderabad in Karimnagar town. They are aggrieved that the Karimnagar Muncipality (now the Municipal Corporation) is erecting a road divider and is putting up electrical highting poles on the median aspect of the road, which the petitioners claim to be contrary to a resolution passed by the Municipality. It is however, noticed that the petitioners have not impleaded the Karimnagar Municipality as a respondent and have merely impleaded the Commissioner of Municipality, Karimnagar, as the 4th respondent. Karimnagar Municipality is an independent juristic personality liable to be impleaded in its own name. The Municipal Commissioner may represent the municipality. The Municipal Commissioner however does not per se constitute the Municipality. This is an ancient and well-established principle. However, the writ petition is filed oblivious to this established principle and is thus not maintainable. Accordingly, the writ petition is dismissed. No order as to costs The interim order granted in WPMP.No. 31635 of 1999 dt. 7.12.1999 stands cancelled. _______________ 8th April, 2009. Krb. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 25090 of 1999. Dated: 8th April, 2000.