R.Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 3/3/2021 C O R A M THE HONOURABLE MR.JUSTICE B.PUGALENDHI WRIT PETITION NO.4930 OF 2021 R.Palani ... Petitioner Vs

1. The District Collector Collector Office, No.62 Rajaji Salai Chennai 1.

2. The State Commissioner for Differently Abled Commissionerate for the Welfare of the Differently Abled, 5 Kamarajar Salai Lady Wellington College Campus, Chennai 600 005.

3. The Commissioner Chennai Corporation,Rippon Buildings Chennai 600 003.

4. The Town Vending Committee Zone - VIII, Chennai Corporation No.36 B Pulla Avenue, Shenoy Nagar Chennai 600 030.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 4 to consider and grant permission to set up a permanent licensed petty shop near petti shop near No.18/63, Harms Road, Kilpauk, Chennai 600 010 based on the petitioners representation dated 12/11/2019.

For petitioner ...

Mr.N.Suriyamuthu For respondents ...

Mr.Ps.Sivashanmuga Sundaram Special Government Pleader for R.1.

Mr.P.T.Ramadevi Standing Counsel for R.R.2 to 4

O R D E R

The petitioner, being a physically challenged person has filed this writ petition, to direct the respondents 1 to 4, to consider and grant permission to set up a permanent licensed petty shop, near petti shop No.18/63, Harms Road, Kilpauk, Chennai 600 010, based on the petitioner's representation, dated 12/11/2019.

2. Mr.Ps.Sivashanmuga Sundaram, learned Special Government Pleader takes notice for the first respondent and Ms.P.T.Ramadevi, learned Standing Counsel takes notice for the respondents 2 to 4.

3. Today, when the matter is taken up for hearing, learned Special Government Pleader appearing for the first respondent submit that pursuant to G.O.Ms. (4D) No.5, Municipal Administration and Water Supply (M.C.I) Department, dated 5/10/2016 and by the proceedings of the Commissioner of Corporation, in RDC No.007/2016, dated 1/11/2016, the Town Vending Committee is the appropriate authority, to consider the grievance of the petitioner and, therefore, this Court may direct the 4th respondent, to consider the representation of the petitioner, within a time frame stipulated by this Court.

4. In the light of the stand taken by the respondents, this Court, without going into the merits of the issue, directs the 4th respondent, viz., the Town Vending Committee to consider the representation submitted by the petitioner and pass orders thereon, in accordance with law, as expeditiously as possible, subject to availability.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mvs To

1. The District Collector Collector Office No.62 Rajaji Salai Chennai 1.

2. The State Commissioner for Differently Abled Commissionerate for the Welfare of the Differently Abled 5 Kamarajar Salai Lady Wellington College Campus Chennai 600 005.

3. The Commissioner Chennai Corporation Rippon Buildings Chennai 600 003.

4. The Town Vending Committee Zone - VIII, Chennai Corporation No.36 B Pulla Avenue, Shenoy Nagar Chennai 600 030.

+1cc to Mr.N.Suriyamuthu, Advocate, S.R.No.13261 +1cc to Mr.P.T.Ramadevi, Advocate, S.R.No.13479 +1cc to the Government Pleader, S.R.No.13700 Writ Petition No.4930 of 2021 JP(CO) CS/22/03/2021