S.Balaraman v. The State Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15501 of 2015 and M.P.No.1 of 2015 S.Balaraman

...Petitioner

-Vs1. The State Commissioner of Differently Abled, Office of the State Commissioner for Differently Abled, No.15/1, Model School Road, Thousand Lights, Chennai - 600 006.

2. The Special Officer, Muttukadu Panchayat Union, Muttukadu, Kancheepuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from evicting the petitioner's bunk shop situate at SIPCOT IT PARK, OMR ROAD, Navallur Post, Siruseri-603 103 and further direct the 2nd respondent to grant licence to the petitioner bunk shop.

For Petitioner :

Mr.D.Devaraj For Respondents :

Mr.R.Vijaykumar Additional Government Pleader

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner claims that he is differently abled person with 90% disability and he is running a small bunk shop infront of SIPCOT IT PARK, OMR ROAD, Navallur Post, Siruseri for the last two years and he selling coffee, tea and other eatable items in an hygienic manner and he is taking care of himself and his family out of the meagre income earned through the occupation. The apprehension expressed by the petitioner is that the officials of the second respondent had taken steps to dismantle the shop and dispossess him and immediately he submitted a representation dated 25.08.2014 to the 2nd respondent praying for license to run the bunk shop and since he has not been favoured with any kind of response, came forward to file this writ petition.

3. Heard the submissions made by Mr.D.Devaraj, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice for respondents.

4. Though the petitioner prayed for the larger relief, this Court, in the facts and circumstances, permits the petitioner to submit one more representation to the 2nd respondent by enclosing the copy of the earlier representation dated 25.08.2014 within a period of two weeks from the date of receipt of a copy of this order and the 2nd respondent, on receipt of the same, is directed to consider the same and give the petitioner an opportunity of personal hearing and pass orders as expeditiously as possible, not later than six weeks from the date of receipt of a copy of the representation and communicate the decision taken, to him.

Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsm

To

1. The State Commissioner of Differently Abled, Office of the State Commissioner for Differently Abled, No.15/1, Model School Road, Thousand Lights, Chennai - 600 006.

2. The Special Officer, Muttukadu Panchayat Union, Muttukadu, Kancheepuram District.

1 CC to Mr.D.Devaraj, Advocate SR.No. 26158 1 CC to the Government Pleader, SR.No. 26434 W.P.No.15501 of 2015 SAI (CO) PSI (09.06.2015)