N.Usha v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.13414 of 2018 N.Usha
...Petitioner
Vs.
1.The Collector, Collector of Chennai, Singaraveller Maligai, Chennai - 600 001.
2.The Commissioner Corporation of Chennai, Rippon Building, Chennai - 600 003.
3.The Assistant Revenue Officer, Corporation of Chennai, Zone -V, Basin Bridge, Chennai - 600 079.
...Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 2nd respondent to give license to run a Bunk shop near Narayanappa street, Singaravelar maligai compound wall side, Rajaji salai Corner, George Town, Chennai, Pursuant to representation dated 12.04.2018.
For Petitioner : Mr.P.Prince Prem Kumar For R1 : Mr.V.Shanmugasundar Special Government Pleader For R2 & R3 : Mr.T.C.Gopalakrishnan, Standing Counsel
ORDER
Mr.V.Shanmuga Sundar, learned Special Government Pleader takes notice for the 1st respondent and Mr.T.C.Gopalakrishnan, learned Standing Counsel takes notice for the respondents 2 and
3. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final hearing at the admission stage itself.
2. The petitioner has come forward with this writ petition for issuance of a writ of mandamus to direct the second respondent to give licence to run bunk shop, based on her representation dated 12.04.2018.
3. According to the petitioner, she was married to one Nainar and through the lawful wedlock, she is blessed with two children. While so, her husband, who is the only breadwinner of the family passed away on 20.04.2009 and thereafter she is suffering financially.
4. The petitioner would further state that she has no independent income, and therefore she contacted the Zonal Office, Chennai in order to get a licence to run the shop. Thereafter, she applied to the third respondent on 12.04.2018, seeking licence to put up a bunk shop to run the business near Narayanappa Street, Singaravelar Maligai compound wall side, Rajaji Salai Corner, George Town, Chennai. Since no action was taken, the present writ petition.
5. The learned Standing Counsel for the respondents submitted that even as per the averments made in the affidavit, the petitioner is not running her business as on date and her application dated 12.04.2018 would be considered in accordance with law.
6. In the light of the limited prayer sought for in the writ petition and the submission of the learned counsels on either side, this Court, without going into the merits of the case, directs the second respondent to pass appropriate orders on the representation of the petitioner, dated 12.04.2018 on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pvs
To 1.The Collector, Collector of Chennai, Singaraveller Maligai, Chennai - 600 001.
2.The Commissioner Corporation of Chennai, Rippon Building, Chennai - 600 003.
3.The Assistant Revenue Officer, Corporation of Chennai, Zone -V, Basin Bridge, Chennai - 600 079.
+1 cc to M/s.T.C.Gopalakrishnan Advocate sr 34852 +1 cc to M/s.P.Prince Prem Kumar Advocate sr 34809 +1 cc to the Govt Pleader sr 35331 WP.No.13414 of 2018 aa08/06/2018