Madras High CourtWP/3183/2015disposed of

S.Venkatesh, v. The Commissioner,

2015-02-09Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.3183 of 2015 & MP.No.1 of 2015 S.Venkatesh ..

Petitioner

Versus

1.The Commissioner State Commissioner for Differently Abled, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai 600 078.

2.The Commissioner Corporation of Chennai Chennai.

Respondents Writ petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing 1st and 2nd respondents to consider and provide accommodation to the petitioner to carry the petty shop at Mugappair West Main Road beside Corporation Park for his rehabilitation, for which the petitioner has made representation dated 10.01.2015 to the 1st and 2nd respondents. For Petitioner :

Mr.C.Jayaprakash For R1 :

Mr.M.L.Mahendran, GA For R2 :

Mr.P.V.Selvakumar

ORDER

Heard Mr.C.Jayaprakash, learned counsel for the petitioner 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/Corporation.

2.The petitioner seeks for a direction upon the 1st and 2nd respondents to consider and provide accommodation to the petitioner to carry the petty shop at Mugappair West Main Road beside Corporation Park for his rehabilitation, for which the petitioner has made representation dated 10.01.2015 to the 1st and 2nd respondents.

3.The petitioner claims to be a physically challenged person. He is running a petty shop at Mugappair West Main Road, beside Corporation Park. However, according to the petitioner, the 2nd respondent and the police officials are interfering with the business in running the petty shop and are trying to evict him. Therefore, the petitioner gave representation to the 1st and 2nd respondents on 10.01.2015 and thereafter, he has come up with the above writ petition.

3.The authority concerned is the 2nd respondent and not the 1st respondent.

4.Therefore, considering the limited nature of the prayer sought and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the petitioner to send a detailed representation to the 2nd respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of such representation, the 2nd respondent shall consider the same on merits and in accordance with law and pass appropriate orders thereon, within a period of four weeks thereafter. Till then, the petitioner shall not be dispossessed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/ Asst. Registrar /true copy/ Sub Asst. Registrar ssd To 1.The Commissioner State Commissioner for Differently Abled, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai 600 078.

2.The Commissioner Corporation of Chennai Chennai.

+ 1 cc to M/s. C.Jayaprakash, Advocate sr.no.6622 + 1 cc to The Government Pleader, High Court, Madras-600 104 sr.no.6959 WP.No.3183 of 2015 & MP.No.1 of 2015 MP[CO] RR 21/02/2015