S.Kannan v. The Special Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.1693/2016 S.Kannan ..Petitioner Vs 1.The Special Commissioner for Handicapped, O/o. The State Commissioner of Disabled, No.15/1, Model School Road, Thousand Lights, Chennai - 600 006.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

3.The Commissioner of Police, EVR High Road, Chennai - 600 007.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 28.09.2015 issuance of licence for running the bunk shop on the line of Kalikambal Koil Street, near by Prepaid Auto Stand and Metro Rail Bridge, Opp. K10 Kaval Nilayam, Chennai 600107, selling tea, coffee and other foods. For Petitioner : Mr.V.Jaisankar For Respondents 1 & 3 : Mr.R.Rajeswaran Special Government Pleader For Respondent 2 : Mr.P.V.Selvakumar

ORDER

Heard the learned counsel for the petitioner ; learned Special Government Pleader accepting notice on behalf of the respondents 1 and 3 and Mr.P.V.Selvakumar, learned counsel accepting notice on behalf of the 2nd respondent and with their consent, this writ petition is taken up for final disposal.

The petitioner is a physically challenged person with 85% disability on account of Polio Paralysis. He is running a Bunk shop on the line of Kalikambal Koil Street, near by Prepaid Auto Stand and Metro Rail Bridge, Opp. K10 Kaval Nilayam, Chennai 600107, for selling Tea, Coffee and snacks items.

The grievance of the writ petitioner is that the officials of the 3rd respondent have attempted to evict his bunk shop without giving prior opportunity.

Threatened with dispossession by the respondents, the petitioner has sent a representation dated 28.09.2015 to the respondents. Thereafter, the petitioner has come up with the present writ petition, seeking a direction to the 2nd respondent to dispose of the petitioner's representation dated 28.09.2015 for issuance of licence for running Bunk Shop.

As per the orders of the Honourable First Bench of this Court, a direction was issued 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 Persons with disabilities (equal opportunities, protection of rights and full participation Act) 1995".

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 28.09.2015 to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, 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. No costs. Till such time, the second respondent passes appropriate orders, the petitioner shall not be dis-possessed from the place.

sgl Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To:

1.The Special Commissioner for Handicapped, O/o. The State Commissioner of Disabled, No.15/1, Model School Road, Thousand Lights, Chennai - 600 006.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

3.The Commissioner of Police, EVR High Road, Chennai - 600 007.

+ 1 cc to Mr.V.Jaisankar, Advocate Sr 3282 VS/CO KR/22/1/16 WP.No.1693/2016