The Chairperson of a Municipal Council has the authority to act in public interest, and a writ petition is not maintainable if alternative statutory remedies are available.

Ahanthembimol Singh, J.

[1] Heard Mr. Th. Babloo, learned counsel appearing for the petitioners; Mr. Th. Vashum, learned GA appearing for the State respondents No. 1 to 5, Mr. L. Anand, learned counsel appearing for the respondents No. 6 and 7 and Mr. Kh. Santa, learned counsel appearing for the respondent No. 8.

The present writ petition has been filed challenging the order dated 25-11-2015 issued by the Chairperson, Bishnupur Municipal Council, Manipur. By the said order, the earlier allotment of parking site near Kha-Santipur School (Block Lamkhai) in favour of the Association represented by the petitioners had been changed as free parking space within Bishnupur Municipal area.

[2] The case of the petitioners is that they are the President and Secretary of the Bishnupur to Imphal Tata Magic and Van Owners’ and Drivers’ Association (hereinafter referred to as the “Petitioners’ Association”, for short). The Petitioners’ Association is registered under the Societies Registration Act and the area of operation for business of the members of the Petitioners’ Association is Bishnupur to Imphal including the area of Bishnupur Municipal Council. The members of the Petitioners’ Association maintained themselves and their family from the income earned by them by running their Tata Magic vehicles within the said area of operation.

[3] Pursuant to the decision of the Bishnupur Municipal Council under Resolution No. 4(b) of the Council's meeting held on 05-03-2013, the Executive Officer, Bishnupur Municipal Council, issued an order dated 06-03-2013 allotting the road side space lying near Kha-Santipur School (Block Lamkhai) as parking site for Tata Magic (passengers) in favour of the Petitioners’ Association with immediate effect and until further order. About two years after issuance of the said order and pursuant to the decision of the Council under Resolution No. 7(A) of its meeting held on 05-09-2015, the Chairperson, Bishnupur Municipal Council, issued an order dated 25-11-2015 thereby converting the parking site previously allotted to the Petitioners’ Association as free dropping point within Bishnupur Municipal area in public interest.

[4] By taking advantage of the order dated 25-11-2015, the members of the respondent No. 8 viz., Changangei Un-employed Youths Transport Co-operative Society Limited started parking their vehicles at the said parking site and also started picking up and dropping of passengers within the Bishnupur Municipal area which directly affect and gave a great disturbance to the business of the members of the Petitioners’ Association. According to the petitioners, the area of operation and route permit given to the respondent No. 8 is totally different from the area of operation and route permit given to the Petitioners’ Association and that the members of respondent No. 8 cannot operate or carry out their business of transportation within the Bishnupur Municipal area. However, by taking advantage of the order dated 25-11-2015 issued by the Chairperson, Bishnupur Municipal Council, the members of the respondent No. 8 started encroaching upon the area of operation of the Petitioners’ Association and greatly affected their business. Accordingly, the petitioners submitted a representation dated 15-03-2016 to the Chairperson and Executive Officer, Bishnupur Municipal Council, requesting for reviewing or cancelling the said order dated 25-11-2015 and another representation dated 15-03-2017 to the District Co-operative Officer, Bishnupur District, requesting not to allow the members of the respondent No. 8 to operate their transport service in Bishnupur Municipal Council area, however, without any posit