C.Sakthivel, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.4235 of 2018 C.Sakthivel
...Petitioner
Vs.
1.
The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.
The Commissioner of Police, O/o. Greater Chennai Police Commissioner, Chennai - 600 003.
3.
The Special Commissioner for Handicapped, O/o. the State Commissioner of Disable, 15/1, Model School Road, Thousand Lights, Chennai - 600 006.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 1 and 3 to dispose of the petitioner representation dated 30.01.2018 for issuance of licence bunk shop at Chennai New Avadi Road, near by Corporation vacant land, opposite to Ayanavaram Water Tank, for selling Tea, Coffee and allied foods.
For Petitioner : M/s.D.Bharathy For Respondents : Mr.T.C.Gopalakrishnan (for R1) Mr.N.Inbanathan, AGP (for RR2 & 3)
ORDER
The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondents 1 and 3 to consider his representation dated 30.01.2018 for issuance of licence to run bunk shop at Chennai New Avadi Road, near by Corporation vacant land, opposite to Ayanavaram Water Tank.
2. Heard the learned counsel for the petitioner, learned standing counsel for the 1st respondent and the learned Additional Government Pleader appearing for the respondents 2 and 3.
3. The case of the petitioner is that he is a handicapped person and running a bunk shop at Chennai New Avadi Road, near by Corporation vacant land, opposite to Ayanavaram Water Tank, for his livelihood. The officials of the respondents 1 and 2 are trying to interfere with the running of the petitioner's business. Hence, he gave a representation dated 30.01.2018. Since the representation is not yet considered, the present writ petition.
4. The learned standing counsel for the Corporation / respondent submitted that the petitioner is not running business in the said place and only for the purpose of filing this writ petition, he has started the business and no proof also filed in support of his case.
5. In the light of the above facts and submissions of the learned Standing Counsel for the respondent, this Court, without going into the merits of the case, directs the respondents 1 & 3 to consider the representation of the petitioner dated 30.01.2018 and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of copy of this order.
6. With the above observation and directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pvs To 1.
The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.
The Commissioner of Police, O/o. Greater Chennai Police Commissioner, Chennai - 600 003.
3.
The Special Commissioner for Handicapped, O/o. the State Commissioner of Disable, 15/1, Model School Road, Thousand Lights, Chennai - 600 006.
+1cc to M/s.D.Bharathy, Advocate, S.R.No.16457 +1cc to Mr.T.C.Gopalakrishnan, Advocate, S.R.No.16377 +1cc to Government Pleader, sr.no.17395 WP.No.4235 of 2018 KS(CO) CS/04/04/18