Madras High CourtWP/28524/2017disposed of

V.Narayanan, v. The Commissioner,

2017-11-08Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.28524 of 2017 V.Narayanan .. Petitioner Vs.

The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 29.07.2017 and consequently direct the respondent to grant permission to run the petty shop (bunk shop) near Anna Nagar Shanthi Colony Road.

For Petitioner : M/s.A.Meenakshi Sundaram For Respondent : Mr.T.C.Gopalakrishnan

ORDER

The petitioner has come forward with this petition seeking direction to the respondent to consider the his representation dated 29.07.2017 and grant permission to run the petty shop (bunk shop) near Anna Nagar Shanthi Colony Road.

2. The case of the petitioner is that he has been affected with 60% Locomotor Disability and he studied up to sixth standard. The petitioner is married and having two school going children and he could not find any job for his survival. Hence, the petitioner has sent a representation dated 29.07.2017 to the respondent to run bunk shop near Anna Nagar Shanthi Colony Road. Since no action has been taken on his representation, the petitioner has come forward with this writ petition with the afore said prayer.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

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4. Taking into consideration the limited scope of the prayer made in the Writ Petition and without going into the merits of the case, this Court directs the respondent to consider the said representation of the petitioner, dated 29.07.2017 and after hearing the petitioner, appropriate orders be passed on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order. Before granting permission, the authority must ensure that Bunk shops, if any, will not affect free flow of traffic or cause hindrance to pedestrians and no harmful products like cigarettes, etc., that cause health hazards shall be sold.

5. With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar pvs To The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai.

+1cc to Mr.T.C.Gopalakrishnan, Advocate in sr.no.79115 W.P.No.28524 of 2017 NR 28/11/2017 https://hcservices.ecourts.gov.in/hcservices/