M.Dayalan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2015

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.39151 of 2015 & M.P.No.1 of 2015 M.Dayalan [ PETITIONER ] Vs 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] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus, to direct the second respondent to consider and permit the petitioner to carry the bunk shop at Pre/No.172 in front of Abirami Complex, Purasaiwalkam High Road , Chennai Mugappair West, Chennai to which the licence was issued earlier by the second respondent for his rehabilitation for which the petitioner has made representation dated 3.7.2015 to the 1st & 2nd respondents. For Petitioner .. Mr.C.Jayaprakash For Respondents.. Mr.R.Lakshmi Narayanan - R1 Additional Government Pleader Mr.P.V.Selvakumar - R2

O R D E R

With the consent of the learned counsel on either side, the writ petition is taken up for final disposal. 2.Heard Mr.C.Jayaprakash, learned Counsel appearing for the petitioner, Mr.R.Lakshmi Narayanan, learned Additional Government Pleader who accepted notice on behalf of the first respondent and Mr.P.V.Selvakumar, learned counsel appearing for the second respondent.

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3.The petitioner has filed this Writ Petition for issuance of a writ of mandamus to direct the second respondent to consider and permit him to carry the bunk shop at Pre/No.172 in front of Abirami Complex, Purasaiwalkam High Road , Chennai Mugappair West, Chennai to which the licence was issued earlier by the second respondent for his rehabilitation, by considering the representation submitted by him dated 3.7.2015 to the first and second respondents.

4.The First Bench of this Court has considered an identical prayer in a batch of cases in W.P.No.18677 of 2014 etc batch [A.SEKAR & ORS v. THE STATE COMMISSIONER FOR DIFFERENTLY ABLED PERSONS & ORS] dated 03.09.2015.

5.Following the said order, there will be a direction to the second respondent to consider the petitioner's representation dated 03.07.2015, and pass appropriate orders in accordance with the aforesaid decision.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rpa 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.

+1cc to M/s. C. Jayaprakash, Advocate, S.R.No.66868 +1cc to M/s. P.V. Selvakumar, Advocate, S.R.No.66832 +1cc to the Government Pleader, S.R.No.67166 AK(CO) EU(30/12/2015) W.P.No.39151 of 2015 https://hcservices.ecourts.gov.in/hcservices/