Radhakrishnan v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-4-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION Nos.10975 to 10978 of 2015 and M.P.Nos.1, 1, 1 and 1 of 2015 Radhakrishnan .. Petitioner in WP 10975/2015 A.Sabir .. Petitioner in WP 10976/2015 Krishnan .. Petitioner in WP 10977/2015 Elumalai .. Petitioner in WP 10978/2015 vs 1.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 .. 1st Respondent in WP 10975 and 10976/2015 and 2nd Respondent in WP 10978/2015 2.The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road, Chennai 600 078 .. 2nd Respondent in WP 10975 and 10976/2015 and 1st Respondent in WP 10977 and 10978/2015 3.The Commissioner Navallur Panchayat Navallur, Kancheepuram District .. 2nd Respondent in WP 10977/2015 4.The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058 .. 3rd Respondent in WP 10978/2015
Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider and pass orders on the petitioners' representations dated 31.3.2015, 31.3.2015, 1.4.2015 and 31.3.2015, for grant of licence/permission for running the petitioners' shop at (1) Assandas, I.T. Park, C.S.I.R. Road, Gate1, Corporation Park, Thiruvanmiyur, Chennai 600 041, by selling tea, coffee and snacks items; (2) No.116, Golden Plot (Near 101), Golden Colony, Mugappair, Thirumangalam Road, Chennai 600 050, by selling tea, coffee and snacks items; (3) Tata Consulting Service Private Limited, Gate-3, TCS Bank Road, Sirucherry SIPCOT, Navallur, by selling tea, coffee and food items and (4) No.32/B, 3rd Gate, Ambit Park Road, Ambattur Estate, Chennai 600 058, by selling tea, coffee and food items, respectively and till such time, not to disturb the running of the same.
For Petitioners : Mr.L.Chandrakumar for Mr.N.R.Jasmine Padma For Respondents : Mr.R.Arunmozhi for Chennai Corporation Mr.R.A.S.Senthilvel Additional Government Pleader for State Government COMMON ORDER By consent, the writ petitions are taken up for final disposal.
2.WP No.10975/2015:- The petitioner claims that he is a differently abled person running a small bunk shop at Assandas I.T. Park, C.S.I.R. Road, Gate-1, Corporation Park, Thiruvanmiyur, Chennai 600 041, for the past five years and he is selling tea, coffee and snacks in a hygienic manner.
3.WP No.10976/2015:- The petitioner claims that he is a differently abled person running a small bunk shop at No.116, Golden Plot (Near 101), Golden Colony, Mugappair, Thirumangalam Road, Chennai 600 050, for the past three years and he is selling tea, coffee and snacks in a hygienic manner.
4.WP No.10977/2015:- The petitioner claims that he is a differently abled person running a small push cart bunk shop at Tata Consulting Service Private Limited, Gate-3, TCS Bank Road, Sirucherry, Navallur, for the past five years and he is selling tea, coffee and snacks in a hygienic manner.
5.WP No.10978/2015:- The petitioner claims that he is a differently abled person running a small push cart bunk at No.32/B,
3rd Gate, Ambit Park Road, Ambattur Estate, Chennai 600 058, for the past five years and he is selling tea, coffee and food items in a hygienic manner 6.According to all the petitioners, they are eking out their livelihood solely on the basis of running the bunk shops and they have submitted independent representations to the State Commissioner for Differently Abled as well as to the 1st respondent praying for grant of licence/permission for running the bunk shops permanently in the places, in which those shops have been located, and since they have not been favoured with any response, came forward with these writ petitions.
7.Heard the submissions of Mr.L.Chandrakumar, learned Counsel appearing for the petitioners, who has drawn the attention of the Court to the similar common order dated 30.1.2015, made in W.P.Nos.2142 to 2144/2015.
8.The Court heard Mr.R.Arunmozhi, learned Standing Counsel, who accepted notice for the Chennai Corporation, and Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepted notice for the State Government, also. 8.This Court, Taking into consideration the limited scope of prayer sought for by the petitioners and without entering upon the merits of the representations, directs the first respondentChennai Corporation to consider and dispose of the petitioners' representations dated 31.3.2015, 31.3.2015, 1.4.2015 and 31.3.2015, respectively, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and till such time, status-quo as on today, shall be maintained. The petitioners taking advantage of the interim order, shall not create any third party right in respect of the bunk shops in question. The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar nsv To:
1.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003
2.The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road, Chennai 600 078 3.The Commissioner Navallur Panchayat Navallur, Kancheepuram District 4.The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058 1 cc to Government Pleader, Sr. 21138 1 cc to Mrs.Jasmine Padma, Advocate, Sr. 20909 W.P.Nos.10975 to 10978 of 2015 LRS (CO) kk 20/4