Sakunthala v. The State Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.07.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA WP.Nos.22774 to 22781 of 2015 and M.P.Nos.1 of 2015 Sakunthala
...Petitioner W.P.No.22774 of 2015
R.Sakila
...Petitioner W.P.No.22775 of 2015
Raviraj
...Petitioner W.P.No.22776 of 2015
A.Kalavathi
...Petitioner W.P.No.22777 of 2015
D.Elango
...Petitioner W.P.No.22778 of 2015
A.Mani
...Petitioner W.P.No.22779 of 2015
Mukunthan
...Petitioner W.P.No.22780 of 2015
Chinnadurai
...Petitioner W.P.No.22781 of 2015
Vs 1 The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078.
2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003.
...Respondents in all WPs
and R1 & R2 in W.P.No.22777 of 2015 The Administrative Director, SIDCO Small Factory Industrial Ambattur Estate, Chennai - 600 058.
...3rd Respondent in W.P.No.22777 & 22781 of 2015
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus (a) directing the 2nd respondent to consider and pass orders on the petitioners representation dated 07.07.2015 for grant of licence/permission for running of the petitioners bunk shop situated at Lake Area Main Road near Public Toilet Nungambakkam Chennai600 034 wherein selling Tea Coffee and Food items and till such time not to disturb the running of the same. (Prayer in W.P.No.22774 of 2015) (b) directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 10.04.2015 for grant of licence/permission for running of the petitioners bunk shop Near Cisons Complex, near STD Booth, No.
150-A, Montieth Road, Egmore Chennai-600 008, wherein selling Sandwich and Food items and till such time not to disturb the running of the same. (in W.P.No.22775 of 2015) (c) directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 08.07.2015 for grant of licence/permission for running of the petitioners bunk shop situated at Pancheon Salai, near Street Light Office (Varadarayapuram), Egmore, Chennai-600 008, wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same. (in W.P.No.22776 of 2015) (d) directing the 2nd and 3rd respondent to consider and pass orders on the petitioner's representation dated 08.07.
2015 for grant of licence/permission for running of the petitioner's bunk shop situated at Prince Info Park, Opposite to Ambit Park Building, Ambit Park Road, Ambattur Estate, Chennai-600 058, wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same. (in W.P.No.22777 of 2015) (e) directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 8.7.2015 for grant of licence/ permission for running of the petitioner's bunk shop situated at Kamrayan Nagar East, 2nd Street, Kuvas Apartment, Near Outgate, Opp. to K.V.K.Complex, Thiruvanmiyur, Chennai-41, Wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same (in W.P.No.
(g) directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 7.7.2015 for grant of licence/ permission for running of the petitioner's bunk shop situated at No.26, Haddows Road, Near Nadai Subway, Nungambakkam, Chennai-600 034, Wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same (in W.P.No.22779 of 2015) (h) directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 8.7.2015 for grant of licence/ permission for running of the petitioner's bunk shop situated at Ascenders I.T.Park Opp. to Corporation Park, CSIR Salai, Thiruvanmiyur, Chennai-600 049, Wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same (in W.P.No.
22780 of 2015) (i) directing the 2nd and 3rd respondent to consider and pass orders on the petitioner's representation dated 8.7.2015 for grant of licence/ permission for running of the petitioner's bunk shop situated at Ambit Park Road, Opp. to Tata Consultancy, Ambattur Estate, Chennai-600 058, Wherein selling Tea, Coffee and Food items and till such time not to disturb the running of the same (in W.P.No.
Mr.L.Chandrakumar For Respondents :
Mr.A.Kumar, SGP (R1) Mr.P.V.Selvakumar (R2) C O M M O N O R D E R Heard the learned counsel appearing for the petitioners and Mr.A.Kumar, learned Special Government Pleader appearing for the 1st respondent and Mr.P.V.Selvakumar, learned Standing counsel appearing for the 2nd respondent in all the above writ petitions and with their consent, the writ petitions are disposed of at the admission stage itself. Since the issue involved in these writ petition is common, the above petitions are disposed of by the following common order. 2.The petitioners have come up with the above writ petitions seeking a direction to the 2nd respondent to consider their individual representations for the grant of license to run the bunk shops in the places mentioned in the respective writ petitions.
3.The petitioners claim to be physically challenged persons. They are running bunk shops in the respective places mentioned in the writ petitions. However, according to the petitioners, the officials of the 2nd respondent are interfering with their business in running the bunk shops and are trying to evict them. Therefore, the petitioners gave representations to the 2nd respondent and thereafter, have come up with the above writ petitions.
4.According to the learned Standing counsel for the Corporation, roads and bus routes vest with the Corporation. 5.In view of the said submission and considering the limited nature of the prayer sought for, without expressing any opinion on the merits of the case, the writ petitions are disposed of with a direction to the 2nd respondent to consider the individual representations of the petitioners respectively dated 07.07.2015, 10.04.2015, 08.07.2015, 08.07.2015, 08.07.2015, 07.07.2015, 08.07.2015 and 08.07.2015 on merits and pass appropriate orders thereon in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till then, the petitioners shall not be dispossessed.
Consequently, the miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) //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.
The Administrative Director, SIDCO, Small Factory Industrial, Ambattur Estate, Chennai -58.
4 CCs to Mr.L.Chandrakumar, Advocate SR.No. 38459 4 CCs to Mr.R.Kamaraj, Advocate SR.No. 38460 2 CCs to the Government Pleader, SR.No. 38727 & 38728 8 CCs to Mr.P.V.Selvakumar, Advocate SR.No. 38429 to 38436 WP.Nos.22774 to 22781 of 2015 MSM (CO) PSI (04.08.2015)