Neelakandan, v. The State Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.3227 and 3228 of 2015 & MP.Nos.1 of 2015 Neelakandan ..

Petitioner in WP.No.3227/2015 P.Chinnasamy ..

Petitioner in WP.No.3228/2015

Versus

1.The State Commissioner for Differently Abled, O/o.The State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

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

Respondents Prayer in WP.No.3227/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 26.12.2014 for grant of licence / permission for running of the Petitioner bunk shop at Opposite to Suthanthira Park Corporation School Road (Rajaji Road) Nungambakkam Chennai-34 wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.3228/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 12.01.2015 for grant of licence / permission for running of the Petitioner bunk shop at College Lane Opposite to State Bank No.10 11 Center Nungambakkam Chennai-34 wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

For Petitioners:

Mr.R.Kamaraj For R1 :

Mr.S.Gunasekaran, GA For R2 :

Mr.P.V.Selvakumar

COMMON ORDER Heard Mr.R.Kamaraj, learned counsel for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for the 1st respondent and Mr.P.V.Selvakumar, learned counsel appearing for the 2nd respondent in both the above writ petitions and with their consent, the writ petitions are disposed of at the admission stage itself. Since the issue involved in these writ petition is common, the above petitions are disposed of by the following common order. 2.The petitioners have come up with the above writ petitions seeking a direction to the 2nd respondent to consider their individual representations for the grant of license to run the bunk shops in the places mentioned in the respective writ petitions. 3.The petitioners claim to be physically challenged persons.

They are running bunk shops in the respective places mentioned in the writ petitions. However, according to the petitioners, the officials of the 2nd respondent [in both the writ petitions] are interfering with their business in running the bunk shops and are trying to evict them. Therefore, the petitioners gave representations to the 2nd respondent and thereafter, have come up with the above writ petitions. 4.According to the learned Standing counsel for the Corporation, roads and bus routes vest with the Corporation. 5.In view of the said submission, without expressing any opinion on the merits of the case, the writ petitions are disposed of with a direction to the 2nd respondent to consider the individual representations of the petitioners respectively dated 26.12.2014 and 12.01.

2015 on merits and pass appropriate orders thereon in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till then, the petitioners shall not be dispossessed. Consequently, the miscellaneous petitions are closed.

Sd/- Assistant Registrar Dated:16.2.15 True Copy Sub Assistant Registrar

To 1.The State Commissioner for Differently Abled, O/o.The State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

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

+1 cc to Mr.R.Kamaraj, Advocate,SR.7503 +1 cc to the Government Pleader,SR.7292.

gp(co) krd 16/2 WP.Nos.3227 and 3228 of 2015