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Madras High CourtWP/5571/2015disposed of

Baskaran v. The State Commissioner For

2015-03-03Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.5571 to 5574 of 2015 & MP.Nos.1 of 2015 Baskaran ... Petitioner in WP.No.5571/2015 Kanchana ... Petitioner in WP.No.5572/2015 Madhana Gopal ... Petitioner in WP.No.5573/2015 Ravikumar ... Petitioner in WP.No.5574/2015

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.

... RR 1 & 2 in all the writ petitions

3. The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058.

... R3 in WP.No.5574/2015 Prayer in WP.No.5571/2015:- 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 petitioners representation dated 04.02.2015 for grant of licence/permission for running of the petitioners bunk shop situated opposite to Prince Village Apartments Ilaya Mudhali Street Tondiarpet Chennai-600 081

wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.5572/2015:- 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 petitioners representation dated 04.02.2015 for grant of licence/permission for running of the petitioners bunk shop situated at near No.8/17 Opposite to 20/9A Shabi Mohammed Road Chennai 600 006 wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.5573/2015:- 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 petitioners representation dated 16.02.2015 for grant of licence/permission for running of the petitioners bunk shop near TVS Lucas Opposite to Saravana Store Building MTH Road Padi Chennai-600 050 wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

Prayer in WP.No.5574/2015:- 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 petitioners representation dated 16.02.2015 for grant of licence/permission for running of the petitioners bunk shop situated ATC Road opposite to Kalai Office Ambattur Estate Chennai-600 058 wherein selling Tea Coffee and Snacks items and till such time not to disturb the running of the same.

For Petitioners in all the writ petitions : 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 all 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 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 04.02.2015, 04.02.2015, 16.02.2015 and 16.02.2015 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/- Asst. Registrar /true copy/ Sub Asst. Registrar.

RG 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.

3. The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058.

+4cc's to Mr.R.Kamraj, Advocate, S.R.No.11684 +1cc to the Government Pleader, S.R.No.11869 WP.Nos.5571 to 5574 of 2015 GGK(CO) CA(12/03/2015)