W.A.No.4334 of 2019 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED

:

27..04..2023

CORAM

The Honourable MS.JUSTICE V.M.VELUMANI

AND

The Honourable MR. JUSTICE V.LAKSHMINARAYANAN

Writ Appeal No.4334 of 2019

&

C.M.P.No.27814 of 2019

The Commissioner,

Hosur Municipality,

Municipal Office,

Hosur, Krishnagiri District.

..... Appellant

-Versus-

1.N.Ramesh

2.The Hosur Municipality,

Rep. By its Chairman,

Municipal Office,

Hosur, Krishnagiri District.

3.The Commissioner of Municipal Administration,

Ezhilagam,

Chennai.

4.The Chairman and Managing Director,

TASMAC, Chennai

[Respondents 3 & 4 were suo motu impleaded as per order

dated 18.09.2015 made in W.P.No.29357 of 2015]

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5.The District Collector,

Krishnagiri.

[5^th Respondent was impleaded as per order dated 27.10.2015

made in W.P.No.29357 of 2015]

6.K.M.Sukumar

..... Respondents

Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside

the order dated 24.10.2019 made in W.P.No.29357 of 2015.

Appellant

: Mr.N.Subbarayalu

Respondents

: Mr.T.M.Hariharan for R1

Mr.R.Vigneswaran,

Government Advocate for RR3 & 5

Mr.L.Chandrakumar

[ No Appearance ] for R6

No Appearance for RR2 & 4

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W.A.No.4334 of 2019 6

JUGDEMENT

[JUDGEMENT OF THE COURT WAS MADE BY

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

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W.A.No.4334 of 2019 6

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 3^rd

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

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W.A.No.4334 of 2019 6

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