A.Anthony v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.18503 of 2021 Anthony.A
...Petitioner
Vs.
1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2. District Differently abled Welfare Officer, District Differently abled Welfare Office, Government Peripheral Hospital Complex, K.K.Nagar, Chennai - 600 078.
3. The District Collector, District Collectorate, Chennai - 600 001.
4. The Chairman, The Street Vending Committee, Corporation of Chennai, Rippon Building, Chennai - 600 003
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 10.06.2019 that was forwarded in Na.Ka.No.446/EE.MA.AA/2019 dated 26.06.2019 and to allot the petty bunk shop at Gate No.1, Periyar Nagar Government Peripheral Hospital, Ward 66, Jawahar Nagar, Chennai - 600 082 as per "The Street Vendors (Protection of Livelihood Regulation) Act, 2014" to the petitioner.
For petitioner :
Mr.M.Yasar arafath For respondents :
Mr.K.Raja Srinivas Standing Counsel (for R1 & R4) Mr.C.Jayaprakash (for R2 & R3)
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM,J) This writ petition has been filed for issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 10.06.2019 for allotment of a petty bunk shop at Gate No.1, Periyar Nagar Government Peripheral Hospital, Ward 66, Jawahar Nagar, Chennai - 600 082. 2.The learned counsel appearing for the petitioner would state that the petitioner is a physically challenged person with 60% of orthopaedic disability and he is running a petty bunk shop at Periyar Nagar Government Peripheral Hospital without causing any nuisance to the public. He would further submit that the petitioner sent a representation dated 10.06.2019 to the third respondent to permit him to authorize and consider the accommodation of petty bunk shop as lawful.
The representation has been forwarded to the second respondent, who in turn forwarded the same to the first respondent. Since no action was taken so far, he filed the present writ petition. 3.Mr.K.Raja Srinivas, learned Standing Counsel appearing for the respondent 1 and 4 would state that the fourth respondent is the competent authority to consider the grievance of the petitioner and therefore, the first respondent would send the papers to the fourth respondent to pass necessary orders. He would further submit that the bunk shop of the petitioner has already been removed, however, the fourth respondent is ready to consider the representation of the petitioner. 4.
In the light of the above submission of the learned Standing Counsel appearing for the respondents 1 and 4, this writ petition is disposed of directing the first respondent to forward the papers of the petitioner to the fourth respondent, who in turn shall pass orders on the same on merits and in accordance with law, after providing opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar skn
To
1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2. District Differently abled Welfare Officer, District Differently abled Welfare Office, Government Peripheral Hospital Complex, K.K.Nagar, Chennai - 600 078.
3. The District Collector, District Collectorate, Chennai - 600 001.
4. The Chairman, The Street Vending Committee, Corporation of Chennai, Rippon Building, Chennai - 600 003.
+1cc to Mr.N.Ganesh Murthy, Advocate Sr.No. 44979 +1cc to Mr.K.Raja Shrinivas, Advocate Sr.No. 44934 W.P.No.18503 of 2021 VGII (CO) PR (30/09/2021)