JUDGMENT :

V.LAKSHMINARAYANAN. J.

This Writ Appeal raises two interesting questions. The first question being whether the executive arm of a municipality can refuse to implement validly passed resolutions by a municipal council? The other question being whether the executive arm can obstruct the formation of a street / lane, when the power to form the same is with the municipal council?

2. The writ petitioner approached this court in W.P.No.29357 of 2015. He had sought for the relief of a writ of mandamus to direct the respondents to restore the Southern Entrance to Hosur Bus Stand from Vannar Street, which entry point had been illegally closed by the respondents and for consequential order.

3. It is the case of the writ petitioner that the public of Hosur were having access to Hosur Bus Stand from Vannar Street through a passage in S.No.176. The appellant had in and about 1986 constructed a row of shops on the southern side of the bus stand. The grievance is that Shop Nos.32 & 33 blocked the access of the public from Vannar Street. The petitioner had further pleaded that the access from the northern side is highly congested one as it is National Highway and the public were happy to have access to the bus stand through the southern side.

4. The issue was placed before the Municipal Council. The Municipal Council passed three resolutions, first one was on 30.04.1997 in Resolution No.198; the second one was on 31.03.1999 in Resolution No.174; and the third one was on 11.02.2022 in Resolution No.183. As per the resolution of the year 1997, the Municipality had resolved to restore the passage. The Municipal Council had directed the Commissioner, Hosur Municipality, to remove the Shop Nos.32 & 33 and to restore the entrance to the bus stand from the southern end. The Commissioner of Municipal Administration, Chennai, who is the 3rd respondent to the writ appeal, had directed the Hosur Municipality to conduct a field inspection and to obtain a permission from the Director of Town and Country Planning. On 05.04.1999, the Director of Town and Country Planning, addressed the Hosur Municipality suggesting that western street which is about 50 feet from the bus stand may be extended. He also suggested that the views of the Commissioner of Municipality Administration may be taken. Subsequently, the Director of Town and Country Planning, after the perusal of the District Municipalities Act, 1920, came to a conclusion that creation of a new street is within the jurisdiction of the Municipality and therefore, he had left the decision to them.

5. On 12.10.1998, the passage in S.No.176 which is the subject matter of the writ petition, bearing old S.No.6/1A1A1A4, was gifted to Hosur Municipality for the purpose of creating access. Taking note of these developments, by a resolution dated 11.02.2002, the Municipal Council directed restoration of the southern entrance for access. It is on record that when the new bus stand was created, the existing municipal passage was closed. Since the Commissioner of Municipality did not implement the several resolutions of the Municipal Council, W.P.No.29357 of 2015 came to be filed. In that writ petition, this court was pleased to appoint an Advocate Commissioner to suggest, whether it would be beneficial to restore the Municipal Passage on the south of the bus stand.

6. Nearly after a year, on 12.04.2018, the Advocate Commissioner, who was appointed by this court, submitted a report categorically stating that if Shop Nos.32 & 33 are removed and a passage is created, it would be beneficial to the public of Hosur. After detailed arguments were heard, a learned single Judge of this court passed an order on 24.10.2019. The finding of the learned single Judge are extracted as under -

“9. Considering the report dated 12.04.2018 filed by the learned Advocate Commissioner stating that there is no passage in existence from Vannar Street to Bus Stand and also considering Resolution No.183, dated 11.02.2002, passed by the Hosu