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Madras High CourtWP/2560/2015disposed of

Prasanna v. The State Commissioner For

2015-02-03Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.2560 TO 2563/2015 & MP.Nos.1, 1 &1/2015 Prasanna

...Petitioner in WP.No.2560/2015

K.Rajasekar

...Petitioner in WP.No.2561/2015

C.Jayaraman

...Petitioner in WP.No.2562/2015

R.Ilangovan

...Petitioner in WP.No.2563/2015

Versus

The State Commissioner for Differently Abled, O/o.The State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

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

...RR 1 & 2 in all the writ petitions The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058.

...R3 in WP.No.2561 to 2563/2015 Prayer in WP.No.2560/2015:- 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's representation dated 15.12.2014 for grant of license/permission for running of the petitioner's bunk shop situated at Y Block, 6th Main Road, Anna Tower near Anna Nagar West, Chennai-40, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.2561/2015:- 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's representation dated 02.01.2015 for grant of license/permission for running of the petitioner's bunk shop at Opposite to Golden Flat, near B.f.Office, Thirumangalam to Ambattur Estate Road, Mogappair, Chennai-37, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same. Prayer in WP.No.2562/2015:- 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's representation dated 12.01.2015 for grant of license/permission for running of the petitioner's bunk shop at Post Office Road, RKS Back Side, Ambattur Estate, Chennai-58, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.2563/2015:- 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's representation dated 02.01.2015 for grant of license/permission for running of the petitioner's bunk shop at Smith Mixi Company Private Limite, F/11, 1st Main Road, Opposite Labour Courts, Ambattur Estate, Chennai-58, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same. For Petitioners in all the writ petitions :

Mr.R.Kamaraj For R1 in all the writ petitions :

Mr.M.L.Mahendran, GA For R2 in all the writ petitions :

Mr.P.V.Selvakumar COMMON ORDER Heard Mr.R.Kamaraj, learned counsel for the petitioners and Mr.M.L.Mahendran, learned Government Advocate appearing for the 1st respondent and Mr.P.V.Selvakumar, learned 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 [in all the writ petitions] and the 3rd respondent [in WP.No.2561 to 2563/2015] 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, 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 15.12.2014, 02.01.2015, 12.01.2015 and 02.01.2015 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(CO) //True Copy// Sub Assistant Registrar AP

To

1. The State Commissioner for Differently Abled, O/o.The State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

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

3. The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058.

4 CCs to Mr.R.Kamaraj, Advocate SR.No. 5586 1 CC to the Government Pleader, SR.No. 5551 WP.Nos.2560 TO 2563/2015 VD (CO) PSI (09.02.2015)