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Madras High CourtWP/19837/2016dismissed

K.B.Ibrahim v. The Commissioner

2016-06-13Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATUARE AT MADRAS

DATED: 13-06-2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.19837 of 2016 and WMP No.17109 of 2016 K.B.Ibrahim ...

Petitioner Vs.

1.The Commissioner, Commissioner for differently abled O/o State Commissioner J.N. Ring Road, Chennai - 600 078.

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

3.The Commissioner, Ambattur Municipal Corporation, Chennai - 600 053.

4.The Administrative Director, Sidco Small Factory Industrial Estate, Ambattur Estate, Chennai - 600 058.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 06.05.2016 and to grant permission to convert Pull Cart tea stall situated in opposite to the Nulambur Masjid, Ambattur Municipality into Bunk Stall together with electricity connection under the social security scheme provided to the person with disability.

For Petitioner : Mr.Rajasekaran for M/s.C.K.M.Appaji For Respondents : Mr.Rm.Muthukumar, Govt. Advocate for R1 Mr.P.V.Selvalkumar, for R2 & R3.

Mrs.Sudharsana Sundar for R4.

O R D E R

The petitioner is stated to be doing business, selling tea by pull cart situated opposite to the Nulambur Masjid, Ambattur Municipality (Corporation of Chennai) and it is not causing any disturbance to vehicular traffic. Due to his old age, he cannot run the business through pull cart and hence he has made representation on 06.05.2016 to convert the Pull Cart tea stall situated in opposite to the Nulambur Masjid, Ambattur Municipality into Bunk Stall together with electricity connection under the social security scheme provided to the person with disability. Since the said representation was not disposed of, the petitioner is before this Court.

2. Heard Mr.Rajasekaran representing Mr.C.K.M. Appaji, learned counsel appearing for the petitioner, Mr.Rm.Muthukumar, learned Govt. Advocate appearing for the first respondent, Mr.P.V.Selvalkumar, learned counsel appearing for 2nd and 3rd respondent and Mrs.Sudharsana Sundar, learned counsel appearing for the 4th respondent.

3. If any tea stall has to be erected in the foot path or road margin or platform, definitely it would cause traffic to the public as well as to the pedestrians. Moreover, more shops have come up causing hindrance to the pedestrians and the public is put to lot of inconvenience.

4. In view of the above, the prayer sought for by the petitioner cannot be granted and there is no proposal by the Corporation as well as any authority to grant permission to the Bunk shop.

5. In the result, the Writ Petition is dismissed. No costs. Consequently, connected M.P is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To:

1.The Commissioner, Commissioner for differently abled O/o State Commissioner J.N. Ring Road, Chennai - 600 078.

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

3.The Commissioner, Ambattur Municipal Corporation, Chennai - 600 053.

4.The Administrative Director, Sidco Small Factory Industrial Estate, Ambattur Estate, Chennai - 600 058.

+1cc to M/S.P.V.Selvakumar, Advocate Sr.31618 +1cc to the Government Pleader Sr.31681 W.P.No.19837 of 2016 rp[co] srg 28/06/2016