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Madras High CourtWP/12245/2015disposed of

Bharathi v. The State Commissioner For

2015-04-24Honourable Mr Justice M. Sathyanarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Writ Petition Nos.12245 to 12248 of 2015 Bharathi ... Petitioner in W.P.No.12245 of 2015 Parvathi ... Petitioner in W.P.No.12246 of 2015 Rajendran ... Petitioner in W.P.No.12247 of 2015 Selvam .. Petitioner in W.P.No.12248 of 2015 vs.

1) The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road, Chennai - 600 078 ... R1 in all W.Ps

2) The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003 ... 2nd Respondent in WP 12245 & 12246/2015

3) The Commissioner, Navallur Panchayat, Navallur Kanchipuram District ... 2nd Respondent in WP 12247 & 12248/2015 W.P.No.12245 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running the petitioner's bunk shop at Tamil Nadu Electricity Board, near Ingate, Opposite to R.R.Tower - III

Building, Guindy Industrial Estate, Chennai - 600 032 wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same.

W.P.No.12246 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running the petitioner's bunk shop near Gate No.5, Simson Company Private Limited, Opposite to Vijayasanthi Builders, Madhavaram High Road, Perambur, Chennai - 600 011 wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same.

W.P.No.12247 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running the petitioner's bunk shop situated near Assandas, I.T.Park, Gate No.1, C.S.I.R Thiruvanmiyur, Chennai - 600 041 wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same.

W.P.No.12247 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running the petitioner's bunk shop situated near Assandas, I.T.Park, Gate No.1, C.S.I.R Thiruvanmiyur, Chennai - 600 041 wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same.

W.P.No.12248 of 2015:

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running the petitioner's bunk shop situated at Scope International Private Limited, No.79, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai- 600 096 wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same. For Petitioners : Mr.R.Kamaraj For Respondents : Mr.Rm.Muthukumar Govt. Advocate for R1 Mr.P.V.Selvakumar for R2

COMMON ORDER By consent, the writ petitions itself are taken up for final disposal.

2. In W.P.No.12245 of 2015, the petitioner claims that she is a physically challenged person, running a bunk shop at R.R.Tower - III Building, Guindy Industrial Estate, Chennai - 600 032 for the past 5 years and is selling Tea, Coffee and snacks items in hygienic manner and the bunk shop is no way disturbing the general public and free flow of traffic. The petitioner further states that the second respondent in pursuant to the order passed by this Court in W.P.No.1482 of 2013 is threatening to dispossess the petitioner. Hence, the petitioner submitted a representation on 10.04.2015. Since she has not been favoured with any response, she came forward to file this petition.

3.In W.P.No.12246 of 2015, the petitioner claims that she is a physically challenged person, running a bunk shop near Gate No.5, Simson Company Private Limited, Opposite to Vijayasanthi Builders, Madhavaram High Road, Perambur, Chennai - 600 011 for the past 5 years and is selling Tea, Coffee and snacks items in hygienic manner and the bunk shop is no way disturbing the general public and free flow of traffic. The petitioner further states that the second respondent in pursuant to the order passed by this Court in W.P.No.1482 of 2013 is threatening to dispossess the petitioner. Hence, the petitioner submitted a representation on 10.04.2015. Since she has not been favoured with any response, she came forward to file this petition.

4.In W.P.No.12247 of 2015, the petitioner claims that he is a physically challenged person, running a bunk shop near Assandas, I.T.Park, Gate No.1, C.S.I.R Thiruvanmiyur, Chennai - 600 041 for the past 4 years and is selling Tea, Coffee and snacks items in hygienic manner and the bunk shop is no way disturbing the general public and free flow of traffic. The petitioner further states that the second respondent in pursuant to the order passed by this Court in W.P.No.1482 of 2013 is threatening to dispossess the petitioner. Hence, the petitioner submitted a representation on 10.04.2015. Since he has not been favoured with any response, he came forward to file this petition.

5.In W.P.No.12248 of 2015, the petitioner claims that he is a physically challenged person, running a bunk shop Scope International Private Limited, No.79, Rajiv Gandhi Salai (OMR),

Karapakkam, Chennai- 600 096 for the past 4 years and is selling Tea, Coffee and snacks items in hygienic manner and the bunk shop is no way disturbing the general public and free flow of traffic. The petitioner further states that the second respondent in pursuant to the order passed by this Court in W.P.No.1482 of 2013 is threatening to dispossess the petitioner. Hence, the petitioner submitted a representation on 10.04.2015. Since he has not been favoured with any response, he came forward to file this petition.

6. Heard the submissions made by the learned counsel appearing for the petitioners, Mr.Rm.Muthukumar, learned Government Advocate, who accepts notice for the first respondent and Mr.P.V.Selvakumar, learned counsel appearing for the second respondent.

7. This Court, without going into the merits of the applications/representations, directs the second respondent to consider and dispose of the representations dated 10.04.2015 in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. Till such time, the parties shall maintain status-quo as exists today.

8. The writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gpa To

1) The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road, Chennai - 600 078

2) The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003

3) The Commissioner, Navallur Panchayat, Navallur Kanchipuram District +1cc to Government Pleader, S.R.No.22961 +4cc's to Mr.R.Kamaraj, S.R.No.22642 W.P.Nos.12245 to 12248 of 2015 & M.P.Nos.1 of 2014 (In all W.Ps) GGK(CO) CA(08/05/2015)