Madras High CourtWP/5188/2015disposed of

M.A.Ragumath Meeran, v. The State Commissioner

2015-02-27Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.5188 of 2015 & MP.No.1 of 2015 M.A.Ragumath Meeran ..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 situate front side of Accendas, CSIR Road,Tharamani, Chennai - 113 and further direct the 2nd respondent to grant licence to the petitioner bunk shop . For Petitioner :

Mr.D.Devaraj For R1 :

Mr.V.Jayaprakash Narayanan Special Government pleader For R2 :

Mr.P.V.Selvakumar

ORDER

Heard Mr.D.Devaraj, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government pleader 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 at front side of Accendas, CSIR Road, Tharamani, Chennai - 113 and further direct the 2nd respondent to grant licence to the petitioner bunk shop.

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3.The petitioner claims to be a physically challenged person. He is running a bunk shop on the front side of Accendas, CSIR Road, Tharamani, Chennai - 113. 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 respondent on 21.08.2014 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/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd 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.

1 cc to Government Pleader,Sr.No11302 WP.No.5188 of 2015 & MP.No.1 of 2015 eu(co)pmk.12.3.2015 https://hcservices.ecourts.gov.in/hcservices/