M.Rosy Mary v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN M. Rosy Mary ... Petitioner Vs.

1.The Collector, Office of the District Collector, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001.

2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 005.

3.Zonal Manager, 9, Chidambaram 7th Street, Basi Bridge, Chidambaram Nagar, Sowcarpet, Chennai 600 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 2nd and 3rd respondents to consider the petitioner's representation dated 25.01.2021 submitted before the second respondent and forwarded to third respondent to grant permission/sanction to run a bunk under physically challenged person's category.

For Petitioner : Mr. H. Surendar

For Respondents : Mr. S. Jayachandran, GA - R1 Mrs.P.T.Ramadevi, SC for R2 and R3

O R D E R

This Writ Petition is filed seeking a direction to consider the petitioner's representation dated 25.01.2021 submitted before the second respondent and forwarded to third respondent to grant permission/sanction to run a bunk under physically challenged person's category.

2. The petitioner is a physically challenged person and has no individual income source except her father's income. In order to create livelihood for her, she made a representation on 25.01.2021 to the respondents 1 and 2 seeking permission for her to run a small bunk nearby her residential area and the same was forwarded to 3rd respondent.

3. Learned counsel for the petitioner submitted that as per the direction of the First Bench of this Court, the 2nd respondent has to allot 5% of the shops to the physically challenged persons in view of section 43 of the Persons with Disabilities (equal opportunities, Protection of Rights and full

participation Act), 1995.

4. Heard the learned counsel for the petitioner as well as learned counsel appearing for the respondents.

5. Without expressing any opinion on the merits of the writ petition, this Court directs the 2nd and 3rd respondents to consider the representation submitted by the petitioner dated 25.01.2021 seeking permission to run a bunk shop under the Persons with Disabilities (equal opportunities, Protection of Rights and full participation Act), 1995 and pass orders on the same on merits and in accordance with law with in a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

20.09.2024 msr Index:Yes/No Internet:Yes/No To

1.The Collector, Office of the District Collector, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001.

2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 005.

3.Zonal Manager, 9, Chidambaram 7th Street, Basi Bridge, Chidambaram Nagar, Sowcarpet, Chennai 600 001.

G.K. ILANTHIRAIYAN, J.

msr

20.09.2024