Madras High CourtWP/18250/2015disposed of

M.Muniyasamy v. The Special Commissioner

2015-06-25Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA Writ Petition No.18250 of 2015 M.Muniyasamy ... Petitioner Vs.

1.The Special Commissioner for Handicapped office of the State Commissioner of Disabled No.15/1, Model School Road Thousand Lights, Chennai - 600 006 2.The Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003 3.The Division Engineer Highways and Rural Works Department Teynampet, Chennai - 600 035 4.The Inspector of Police S10 Police Station 200 Feet Road, Pallikaranai Chennai - 601 302 ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 24.03.2015 issuance of Licence for Running Canteen measurement about 20 x 12=240 sq.ft on the line of ETL Company Opp, Vacant place, Palikaranai, Chennai - 601 302 selling Tea, Coffee, Snacks (Foods) in hygienic manner.

For Petitioner : Mr.K.Yuvaraj For Respondents : Mr.A.Kumar Special Govt. Pleader for R1, R3 and R4 Mr.P.V.Selvakumar for R2

O R D E R

This writ petition has been filed by Mr.Muniyasamy, seeking for a direction to the second respondent to dispose of the petitioner's representation dated 24.03.2015 and issue licence for running his canteen.

2. The petitioner claims that he is a physically handicapped person having 90% disability with Post Polio Parases. The petitioner further states that he is running a canteen with measurement of 20x12 equivalent to 240 sq.ft on the line of ETL Company Opp. Vacant place, Palikaranai and selling tea, coffee and snacks in hygienic manner and with the income received from the canteen he is eking out his livelihood. While he was doing the said business, the officials of the third respondent without giving any notice whatsoever tried to evict his bunk shop. Therefore, the petitioner has given a representation to the Commissioner, the second respondent herein requesting him not to evict his bunk shop. However, the officials from the second respondent office are continuously disturbing his business.

In view of the constant disturbances from the officers of the second respondent, one another representation dated 24.03.2015 was given to the first respondent and a copy of the same was also forwarded to the second respondent requesting them not to disturb his peaceful possession. A certificate was also issued by the Medical Officer of the Government Institute of Rehabilitation Medicine, K.K.Nagar, Chennai to supports the case of the petitioner that M.Muniyasamy, the petitioner herein is a physically handicapped person with 90% permanent physical impairment.

3. In the similar circumstances, the Hon'ble First Bench of this Court has issued direction to the Corporation to allot 5% of the shops for physically challenged persons. Pursuant to the said order, several orders have been passed directing the corporation to consider the cases of physically challenged persons in view of Section 43 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995).

4. In the light of the above, this writ petition is disposed of without going into the merits of the case, directing the petitioner to send one more copy of the representation dated 24.03.2015 to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter. Till such time, the second respondent is directed to maintain status-quo. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar gpa

To 1.The Special Commissioner for Handicapped office of the State Commissioner of Disabled No.15/1, Model School Road Thousand Lights, Chennai - 600 006 2.The Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003 3.The Division Engineer Highways and Rural Works Department Teynampet, Chennai - 600 035 4.The Inspector of Police S10 Police Station 200 Feet Road, Pallikaranai Chennai - 601 302.

1 cc to Mr.K.Yuvaraj , Advocate Sr.No.31873/15 1 cc to Mr.P.V.Selvakumar , Advocate Sr.No.31537/15 1 cc to Government Pleader.Sr.No.31821/15 Writ Petition No.18250 of 2015 kgk(co) pmk.3.7.2015