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Madras High CourtWP/13299/2023disposed of with direction

A.Shayeedha v. The Commissioner

2023-05-05Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA A.Shayeedha ... Petitioner Vs.

1.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Park Town, Chennai - 600 003.

2.The Assistant Commissioner, Greater Corporation of Chennai, Zone - 5, Basin Bridge Road, Chennai - 600 021.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider petitioner's representation dated 28.01.2023 and permit the petitioner to run mobile bunk shop at V.P.Hall Compound, People's Park Road, Opposite to Metro Railway Station, Allikulam, Chennai - 600 003.

For the Petitioner : Mr.S.Pushpakaran For the Respondents : Mr.E.C.Ramesh Standing Counsel 1/5

ORDER

This writ petition has been filed by the petitioner seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 28.01.2023 and permit the petitioner to run mobile bunk shop at V.P. Hall Compound, People's Park Road, Opposite to Metro Railway Station, Allikulam, Chennai-600 003.

2. The case of the petitioner is that she is differently-abled and, in order to eke out her livelihood, she had set up a bunk shop at V.P. Hall Compound, People's Park Road, Opposite to Metro Railway Station, Allikulam, Chennai-600 003 and is selling tea, biscuits and other eatables. The further case of the petitioner is that the even though she is running the said bunk shop without hindrance to traffic and pedestrian movement, respondents 1 and 2 are threatening her to remove the bunk shop. The petitioner has submitted a representation dated 28.1.2023 to the respondents seeking permission to run the mobile bunk shop. As the said representation did not evoke any response, the petitioner has filed the present writ petition. 2/5

3. Today when the matter is taken up for hearing, Mr.E.C.Ramesh, learned Standing Counsel appearing for the respondents, submitted that, if four weeks' time is granted, the respondents will consider the representation of the petitioner dated 28.1.2023 and pass appropriate orders.

4. Recording the submission made by learned Standing Counsel appearing for the respondents and without going into the merits of the representation of the petitioner, the writ petition is disposed of with a direction to the respondents to consider and pass orders on the representation of the petitioner dated 28.1.2023, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate a decision thereon to the petitioner. Till the disposal of the representation of the petitioner, no coercive action shall be taken by the respondent authorities. Consequently, W.M.P.No.13003 of 2023 is closed. There will be no order as to costs.

05.05.2023 Internet : Yes /No sasi/bbr 3/5

To 1.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Park Town, Chennai - 600 003.

2.The Assistant Commissioner, Greater Corporation of Chennai, Zone - 5, Basin Bridge Road, Chennai - 600 021.

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A.D.JAGADISH CHANDIRA, J.

(sasi)/bbr 05.05.2023 5/5