← Library
Madras High CourtWP/5147/2015disposed of

Gnanaprakasam v. The State Commissioner For

2015-02-27Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.5147 of 2015 & MP.No.1 of 2015 Gnanaprakasam ..Petitioner

Versus

1.The State Commissioner for Differently Abled, o/o State Commissioner for differently abled, No.15/1 Model School Road, Thousand lights, Chennai- 600 006 2.The Commissioner Corporation of Chennai, Rippon Building, Chennai.

..Respondents Writ petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents from evicting the petitioner's bunk shop situated front side of Ramanujam I.T.Park, M.G.R.University Road, Tharamani, Chennai - 600 113 and further direct the 2nd respondent to grant licence to the petitioner bunk shop .

For Petitioner :

Mr.D.Devaraj For R1 :

Mr.M.L.Mahendran Government Advocate For R2 :

Mr.P.V.Selvakumar

ORDER

Heard Mr.D.Devaraj, 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 a writ of Mandamus forbearing the respondents from evicting the running of the petitioner's shop situated in front side of Ramanujam, I.T.Park, M.G.R. University Road, Tharamani, Chennai-600 113 and further direct the 2nd respondent to grant licence to the petitioner bunk shop. 3.The petitioner claims to be a physically challenged person. He is running a bunk shop on the front side of Ramanujam I.T.Park, M.G.R.University Road, Tharamani, Chennai - 113 for the last 6 years. 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 2nd respondent on 09.08.2013 and there is no reply from the 2nd respondent so far. Thereafter, he has come up with the above writ petition.

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 representation dated 09.08.2013 to the 2nd respondent once again 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/- Assistant Registrar //True Copy// Sub Assistant Registrar kal

To 1.The State Commissioner for Differently Abled, o/o State Commissioner for differently abled, No.15/1 Model School Road, Thousand lights, Chennai- 600 006 2.The Commissioner Corporation of Chennai, Rippon Building, Chennai.

+ 1 cc to Government pleader SR.11303 WP.No.5147 of 2015 & MP.No.1 of 2015 LRS(CO) Eu 13.03.15