← Library
Madras High CourtWP/2278/2018disposed of

S.Senivasan, v. The District Collector,

2018-02-02Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.2278 of 2018 S.Senivasan

...Petitioner

Versus

1.The District Collector, Chennai District, Chennai - 600 001.

2.The Commissioner, Greater Chennai Corporation, Chennai.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 20.2.2017 and consequently to direct the respondents to permit the petitioner to run the bunk shop at Near Bus Depot, Vadapalani, Chennai or any other suitable place in the same locality.

For Petitioner :Mr.K.Kathiresan For Respondents :Mr.V.Shanmuga Sundar, Special Government Pleader, for R1 Mr.T.C.Gopalakrishnan Standing counsel, for R2

O R D E R

This writ petition has been filed seeking for a direction to the respondents to consider the representation of the petitioner dated 20.2.2017 and consequently to direct the respondents to permit the petitioner to run the bunk shop at Near Bus Depot, Vadapalani, Chennai.

2. The learned counsel for the petitioner submitted that the petitioner is a physically challenged person having disability of 70%. It is further submitted that the petitioner comes from underprivileged community and struggling to lead day today life. So, he submitted a representation to the first

respondent on 20.2.2017, which was forwarded to the second respondent for necessary action. Since, no order has been passed, the present writ petition.

3. The learned counsel for the second respondent submitted that the petitioner is not running a bunk shop as on date and his application would be considered in accordance with law.

4. The learned counsel for the first respondent submitted that the petitioner gave a representation to the first respondent for running a shop and it is now with the second respondent for necessary action.

5. In the light of the above facts, this Court without going into the merits of the case, direct the second respondent to pass appropriate orders on the representation of the petitioner dated 20.2.2017, on merits and in accordance with law, after providing an opportunity to all necessary parties, within a period of eight weeks, from the date of receipt of a copy of this order.

6. It is needless to state that the second respondent shall follow the guidelines formulated in the order dated 18.09.2017 passed by the Hon'ble Apex Court in W.P.No.1141 of 1987 together with the order dated 12.10.2017 passed by this Court in W.P.No.26134 of 2017 for grant of regularisation to the petitioners. Those who are interested in availing a shop by approaching the Vending/Hawking Committee, must produce a copy of their Aadhar Card, failing which, no indulgence need be shown to them. This will prevent duplication of shops in the name of the same person.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms

To 1.The District Collector, Chennai District, Chennai - 600 001.

2.The Commissioner, Greater Chennai Corporation, Chennai.

+1cc to the Government Pleader, S.R.No. 9033 +1cc to Mr.K.KATHIRESAN, Advocate, S.R.No.7850 +1cc to Mr.T.C.GOPALAKRISHNAN, Advocate, S.R.No.7780 W.P.No.2278 of 2018 RSI(CO) TR(05/03/2018)