Ramachandran, v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 14.05.2015
CORAM
THE HON'BLE MR. JUSTICE R.SUBBIAH W.P.No.14669 of 2015 and M.P.No.1 of 2015 Ramachandran .. Petitioner
Versus
1. The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078.
2 The Chief Engineer National Highways Department Chinnamalai Chennai-600 015.
3 The Commissioner Rajiv Gandhi Road Thazhambur Union Navalur Panchayat Kanchipuram District-603103.
4 The Commissioner of Police Vepery Chennai-600 007.
.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 06.05.2015 for grant of licence / permission for running of the Petitioner bunk shop at Preethi Thitchan Suppliers Private Limited No.1/7 Rajiv Gandhi Road (OMR) Navalur Panchayat Thazhambur Union Kanchipuram District-603103 wherein selling Tea Coffee and Food items and till such time not to disturb the running of the same.
For Petitioner : Mr.L.Chandra Kumar for Ms.N.R.Jasmine Padma For Respondents : Mr.Dig Vijaya Pandian (for R1,2 and 4) Additional Government Pleader.
Mr.A.Nagarajan (for R3)
O R D E R
Mr.Dig Vijaya Pandian, learned Additional Government Pleader, takes notice for the respondents 1, 2 and 4 and Mr.A.Nagarajan, learned standing counsel, takes notice for the 3rd respondent. By consent of learned counsel on either side, the writ petition is taken up for final disposal.
2. The present writ petition has been filed for a mandamus, directing the 2nd and 3rd respondents to consider and pass orders on the Petitioner's representation dated 06.05.2015 for grant of licence/permission for running his bunk shop at Preethi Thitchan Suppliers Private Limited, No.1/7, Rajiv Gandhi Road (OMR), Navalur Panchayat, Thazhambur Union, Kanchipuram District-603103, wherein, he is selling Tea, Coffee and Food items and till such time, not to disturb the running of the same.
3. The case of the petitioner is that, he is eking his livelihood solely on the basis of running a small bunk shop at Preethi
Thitchan Suppliers Private Limited, No.1/7, Rajiv Gandhi Road (OMR), Navalur Panchayat, Thazhambur Union, Kanchipuram District-603103, for the past several years and in the said shop, he is selling tea, coffee and snacks items in a hygienic manner.
4. The petitioner has further stated that though, the Government of Tamilnadu has been giving bunk shops freely to the disabled persons for erecting the same in the unobjectionable places and run the business, so as to enable them to earn independently without depending upon others, the 2nd and 3rd respondents are trying to interfere with the running of his bunk shop as it is "unauthorised". Therefore, the petitioner gave a representation dated 06.05.2015 to the respondents 2 and 3, to grant licence to his bunk shop and not to interfere with the running of the shop. But till date, he has not received any reply to the said representation. Hence, the present writ petition.
5. Learned counsel for the petitioner submitted that in similar nature of writ petition, this Court has passed an order directing the 1st respondent therein to consider the representation within a specified time and following the same, similar order may be
passed. The petitioner also produced a copy of the order dated 16.04.2015 passed in W.P.Nos.10975 to 10978 of 2015.
6. Hence, following the earlier order, this Court is constrained to pass the following order:
"Without entering into the merits of the petitioner's representation, directs the 2nd and 3rd respondents to consider the representation of the petitioner dated 06.05.2015 and dispose of the same 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 petitioner by taking advantage of the interim order, shall not create any third party right in respect of the bunk shop in question".
7. With the above direction, the writ petition is disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed.
14.05.2015 Index:Yes/No Internet:Yes/No va/ars
To
1. The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078.
2 The Chief Engineer National Highways Department Chinnamalai Chennai-600 015.
3 The Commissioner Rajiv Gandhi Road Thazhambur Union Navalur Panchayat Kanchipuram District-603103.
4 The Commissioner of Police Vepery Chennai-600 007.
R.SUBBIAH, J., va/ars W.P.No.14669 of 2015 14.05.2015