K.Badhmanaban v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.06.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA WP.No.19002 of 2015 and M.P.No.1 of 2015 K.Badhmanaban [ Petitioner ] Vs 1 The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road, Chennai-78.
2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
3 The Commissioner of Police Vepery Chennai-7.
[ Respondents ] Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to consider and pass orders on the petitioner representation dated 27.4.2015 or grant of licence/ permission for running of the petitioner bunk shop situated at near Ascendes Software Company. 1st Gate back side Park Area CSIR Road Tharamani Chennai-113 wherein selling tea coffee juice and food items and till such time not to disturb the running of the same For Petitioner :
Mr.K.Balasubramanian For Respondents :
Mr.A.Kumar, SGP (R1&3) Mr.P.V.Selvakumar (R2)
ORDER
Heard the learned counsel on either side and with their consent, the main writ petition is disposed of at the admission stage itself. 2.The petitioner seeks for a direction upon the 2nd respondent to to consider and pass orders on his representation dated 27.4.2015 or grant of licence/ permission for running of the petitioner bunk shop situated at near Ascendes Software Company, 1st Gate back side Park Area, CSIR Road, Tharamani, Chennai-113, wherein he is selling tea coffee juice and food items and till such time not to disturb the running of the same.
3. The petitioner claims to be a physically challenged person. He is running a small bunk shop near Ascendes Software Company, 1st Gate back side Park Area, CSIR Road, Tharamani, Chennai, for the past five years, wherein, he is selling tea, coffee, and food items in a hygienic manner. While that being the case, the officials of the 2nd and 3rd respondents are trying to interfere with the running of the said bunk shop. Therefore, the petitioner submitted a representation to the 2nd respondent to permit him to run the bunk shop in the aforementioned place and to grant licence to him. Since the same has not been disposed of, he has come up with the above writ petition.
4.Considering the limited nature of the prayer sought and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner dated 27.04.2015 on merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till then, the petitioner shall not be dispossessed. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rg
To 1 The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road, Chennai-78.
2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
3 The Commissioner of Police Vepery Chennai-7.
1 CC to Mr.K.Balasubramanian, Advocate SR.No. 32041 1 CC to the Government Pleader, SR.No. 32978 WP.No.19002 of 2015 ALA (CO) PSI (07.07.2015)