K.S.Rajesh, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.4643 of 2018 K.S.Rajesh .. Petitioner

Versus

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The District Disabled Rehabilitation Officer, District Disabled Rehabilitation Centre, 3.The District Revenue Officer, 4.The Zonal Officer, Zone-VII, Corporation of Chennai, Ambattur, Chennai - 600 053.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 16.11.2017 and to grant permission/licence to run the shop under the category of disabled person.

For Petitioner : Mr.S.Shivakumar For Respondents : Mr.A.Ansar Government Advocate, for R1 to R3 Mr.T.C.Gopalakrishnan Standing Counsel for R4

O R D E R

Mr.A.Ansar, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.T.C.Gopalakrishnan, learned Standing counsel takes notice for the fourth respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this writ petition is for a issuance of writ of mandamus, directing the respondents to consider the representation of the petitioner dated 16.11.2017 and

to grant permission/licence to run the shop under the category of disabled person.

3. The case of the petitioner is that he is a physically challenged person having disability of 95%. He has enrolled his name with the State Government of Tamil Nadu to avail concessions and benefits provided by the Central Government and other local bodies.

4. The petitioner would further state that he is the only earning member of his family and he wanted to start a small bunk shop in the road side by putting up a small hut. So, he gave a representation to the respondents in the month of September, 2017, requesting them to grant permission to erect bunk shop within the Chennai Corporation City limits and he also submitted another representation on 16.11.2017. Since no favourable order was passed, the present writ petition.

5. The learned Standing counsel appearing for the fourth respondent submitted that the representation of the petitioner would be considered in accordance with law.

6. In the light of the limited scope of prayer sought for in this writ petition and the submissions made by the learned counsels on either side, this writ petition is disposed of, with a direction to the fourth respondent to consider the representation of the petitioner dated 16.11.2017 and pass appropriate orders on merits and in accordance with law, after providing an opportunity to all the necessary parties, within a period of three months, from the date of receipt of a copy of this order. No costs. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The District Disabled Rehabilitation Officer, District Disabled Rehabilitation Centre,

3.The District Revenue Officer, 4.The Zonal Officer, Zone-VII, Corporation of Chennai, Ambattur, Chennai - 600 053.

+ 1 cc to Mr.S.Shivakumar, Advocate Sr.No.16404 W.P.No.4643 of 2018 RRI 22/03/2018