COMMISSIONER Vs. N. RAMESH

JUDGEMENT

(1.) 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 and 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.