S.Kannan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 29.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.15700 of 2021 S.Kannan

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai Rippn Building, Park Town, Chennai 600 003.

2. The Commissioner of Welfare of the Differently Abled, Lady Wellington College Complex, Kamarajar Salai, Chennai.

.... Respondents Prayer:

Writ petition filed under Section 226 of the Constitution of India to issue a writ of Mandamus directing the first respondent to allot and give permission a place for petitioner to run a bunk shop at Government Hospital for Women and Children, Panthien Road, opposite to Prince Plaza, Egmore, Chennai 600 008, based on the representation of the petitioner dated 01.07.2021. For petitioner : Mr.K.Balaji For respondents: Mrs. P.T.Ramadevi for R1 (Corporation) Mr.M.R.Gokul Krishnan, Govt. Adv. for R2

ORDER

This writ petition has been filed seeking to issue a writ of Mandamus directing the first respondent to allot and give a place for petitioner to run a bunk shop at Government Hospital for Women and Children, Panthien Road, opposite to Prince Plaza, Egmore, Chennai 600 008, based on the representation of the petitioner dated 01.07.2021.

2. The contention of the petitioner is that his eyes are not visible and he is disabled to the extent of 85% and he

was running a bunk shop for more than seven years at Government Hospital for Women and Children, Egmore. Subsequently, after releasing of Covid lockdown on 28.06.2021 by the Government, he was entered into that place to start his bunk, but the respondent officials came to the bunk and threatened not to run the shop. Therefore, he approached the first respondent to give permission to run the shop and also gave a representation. But it was not considered. Hence this writ petition.

3. Mrs. P.T.Ramadevi, standing counsel for the Corporation takes notice for the first respondent and Mr.M.R.Gokul Krishanan, learned Counsel for Government takes notice for the second respondent.

4. By consent of both counsels to the parties, this matter has been taken up for final disposal.

5. The learned Standing Counsel appearing for the Corporation submitted that the representation given by the petitioner will be considered in accordance with law.

6. Inview of the above submission made by the learned Standing Counsel appearing for the petitioner and also considering the limited scope of prayer, without expressing any opinion or merits, this court is inclined to pass the following order.

7. Accordingly, the first respondent is directed to consider the petitioner's representation dated 01.07.2021 and to take appropriate decision on its own merits, as early as possible, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mst To

1. The Commissioner, Corporation of Chennai Rippn Building, Park Town, Chennai 600 003.

2. The Commissioner of Welfare of the Differently Abled, Lady Wellington College Complex, Kamarajar Salai, Chennai.

+1cc to M/s.P.T.Ramadevi, Advocate, S.R.No.36481 +1cc to M/s.K.Balaji, Advocate, S.R.No.36506 +1cc to Mr.S.Ramachandran, Advocate, S.R.No.36506 +1cc to the Government Pleader, S.R.No.36931 W.P.No.15700 of 2021 RSV(CO) SB(25/08/2021)