Susila v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2016
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.Nos.10518 of 2016 and WMP.No.9216 of 2016 Susila ..Petitioner Vs 1.The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled J.N.Ring Road, Chennai-600078.
2.The Secretary to Government Local Administration Department Government of Tamilnadu Fort St George, Chennai 600009.
3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 2.3.2016 for grant of license/permission to run bunk shop and pass orders and till such time, forbear the 3rd respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop at No.825, near Electricity Board Department, Anna Salai, Chennai600 002, wherein selling tea, coffee, food and other snacks. For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.R.Rajeswaran,Spl.Govt.Pleader for RR.1 and 2 Mr.P.V.Selvakumar for R.3
ORDER
Heard the learned counsel for the petitioner; learned Special Government Pleader accepting notice on behalf of the respondents 1 and 2 and Mr.P.V.Selvakumar, learned counsel accepting notice on behalf of the 3rd respondent and with their consent, this writ petition is taken up for final disposal.
The petitioner is a physically handicapped person. She is running a Bunk shop at No.825, near Electricity Board Department, Anna Salai, Chennai- 600 002, for selling Tea, Coffee and snacks items.
The grievance of the writ petitioner is that the officials of the 3rd respondent have attempted to evict her bunk shop without giving prior opportunity.
Threatened with dispossession by the respondents, the petitioner has sent a representation dated 2.3.2016 to the respondents. Thereafter, the petitioner has come up with the present writ petition, seeking a direction to the 3rd respondent to dispose of the petitioner's representation dated 2.3.2016 for issuance of licence for running Bunk Shop.
As per the orders of the Honourable First Bench of this Court, a direction was issued to the Corporation to allot 5% of the shops for physically challenged persons. Pursuant to the said order, several orders have been passed directing the Corporation to consider the cases of physically challenged persons in view of Section 43 of "The Persons with disabilities (equal opportunities, protection of rights and full participation Act) 1995".
In the light of the above, this Writ Petition is disposed of without going into the merits of the case, directing the petitioner to send one more copy of the representation dated 2.3.2016 to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the third respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter. No costs.
Consequently, the connected miscellaneous petition is closed. Till such time, the third respondent passes appropriate orders, the petitioner shall not be dis-possessed from the place.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar usk
To:
1.The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled J.N.Ring Road, Chennai-600078.
2.The Secretary to Government Local Administration Department Government of Tamilnadu Fort St George, Chennai 600009.
3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.
+1 cc to Mr.L.Chandrakumar Advocate sr.18131/16 +1 cc to Mr.P.V.Selvakumar Advocate sr.17817/16 WP.No.10518 of 2016 ca(co) aa24/03/2016