A.R.Shakeel Ahamed v. Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9530 of 2017 A.R.Shakeel Ahamed ... Petitioner -Vs1. Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003

2. State Commissioner for Differently Abled Persons SRDC, Jawaharlal Nehru Inner Ring Road K.K.Nagar, Chennai 600 078 ... Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 20.09.2016 and 05.11.2016 for grant of licence/permission to run bunk shop near Standard Chartered Bank, Haddows Road, for selling Tea, Coffee and other snack items.

For Petitioner : Mr.N.S.Nandakumar For Respondents : Mr.P.V.Selvakumar Additional Government Pleader

ORDER

The petitioner, being a physically handicapped and disabled person suffering from 75% disability, was running a bunk shop in a moving cart near Standard Chartered Bank, Haddows Road, Chennai upto 2015 by selling tea, coffee, food and other snacks in a hygienic manner and earning a meagre sum to eke out his livelihood and that of his wife and two unmarried daughters. Since the said bunk shop was in no way disturbing the general public or the free flow of traffic, he was running it without any disturbance. But all of a sudden, he was prevented from running the same, as a result he was not able to run the bunk shop. Therefore he has given a representation on 20.9.2016 and also one more reminder on 5.11.2016 to the respondents to grant him licence to run the bunk shop. These representations are pending. In the meanwhile, he came to know of the order passed https://hcservices.ecourts.gov.in/hcservices/

in W.P.No.18677 of 2014 batch holding that till the constitution of Town Vending Committee, there shall be no threat with regard to the running of the bunk shop. Moreover, three percent reservation shall be given to the persons who are disabled to run the shop. Therefore, if a direction is given to consider the pending representation, no prejudice would be caused to any one, he pleaded.

2. The learned Additional Government Pleader for the respondents sought six weeks time to consider the pending representation of the petitioner.

3. In view of the above, the first respondent is directed to consider and dispose of the representation of the petitioner within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

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

1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003

2. The State Commissioner for Differently Abled Persons SRDC, Jawaharlal Nehru Inner Ring Road K.K.Nagar Chennai 600 078 +1cc to Mr.N.S.Nandakumar, Advocate, S.R.No.23919 +1cc to Mr.P.V.Selvakumar, Advocate, S.R.No.23902 +1cc to the Government Pleader, S.R.No.24360 W.P.No.9530 of 2017 VD(CO) CA(08/05/2017) https://hcservices.ecourts.gov.in/hcservices/