S.V.Arokiya Nathan v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.5771 to 5775 OF 2015 & M.P.Nos.1 to 1 OF 2015 S.V.Arokiya Nathan .. Petitioner in W.P.No.5771/2015 Lalitha .. Petitioner in W.P.No.5772/2015 Balaraman .. Petitioner in W.P.No.5773/2015 R.Elumalai .. Petitioner in W.P.No.5774/2015 M.Santhakumar .. Petitioner in W.P.No.5775/2015
Versus
1. The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.
2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.
.. Respondents in all these petitions Prayer in W.P.No.5771/2015 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing second respondent to consider and pass orders on the petitioner's representation dated 16.02.2015, 4.2.2015 for grant of license / permission for running of the petitioner's bunk shop situated Opposite to Venkateshwara Nilayam, Near No.17/7, Chevvai Quire Apartment, Padmanaba Street, T.Nagar, Chennai - 600 017, wherein he is selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same.
Prayer in W.P.No.5772/2015 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing second respondent to consider and pass orders on the petitioner's representation dated 04.02.2015 for grant of license / permission for running of the petitioner's bunk shop situated near No.2127, Venkata Mandhiram Illam, Near No.114, Usman Road Building Back Side, Mangesh Road, T.Nagar, Chennai - 600 017, wherein she is selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same.
Prayer in W.P.No.5773/2015 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing second respondent to consider and pass orders on the petitioner's representation dated 16.02.2015 for grant of license / permission for running of the petitioner's bunk shop situated Opposite to the Thiyagaraya Nagar Social Club, Ramakrishna Mission School Back Side, Venkat Narayana Road, T.Nagar, Chennai - 600 017, wherein he is selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same.
Prayer in W.P.No.5774/2015 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing second respondent to consider and pass orders on the petitioner's representation dated 16.02.2015 for grant of license / permission for running of the petitioner's bunk shop near Saravana Store Building, Opposite to TVS Lucas, MTH Road, Padi, Chennai - 600 050, wherein he is selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same. Prayer in W.P.No.5775/2015 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing second respondent to consider and pass orders on the petitioner's representation dated 18.12.2014 for grant of license / permission for running of the petitioner's bunk shop at HCL, No.605, Ingate Front Side, Medavakkam Main Road, Opp.to Erikkarai, Sholinganallur, Chennai - 600 119, wherein he is selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same.
For Petitioners in :
Mr.L.Chandrakumar all these petitions For Respondents in :
Mr.S.Gunasekaran, all these petitions Govt. Advocate for R1 Mr.P.V.Selvakumar Standing Counsel for R2 COMMON ORDER Heard Mr.L.Chandrakumar, learned counsel appearing for the petitioner, Mr.S.Gunasekaran, learned Government Advocate appearing for the 1st respondent and Mr.P.V.Selvakumar, learned Standing Counsel appearing for the 2nd respondent/Corporation, who accepts notice for the respondents respectively.
2.The petitioners seek for a direction upon the second respondent to consider and pass orders on their representations
submitted on various dates for grant of license / permission for running of their bunk shops, wherein, they are selling Tea, Coffee and Snacks items and till such time not to disturb the running of the same.
3. The petitioners claim to be physically challenged persons. The petitioner in W.P.No.5771 of 2015 is running a bunk shop Opposite to Venkateshwara Nilayam, Near No.17/7, Chevvai Quire Apartment, Padmanaba Street, T.Nagar, Chennai - 600 017. The petitioner in W.P.No.5772 of 2015 is running a bunk shop near Venkata Mandhiram Illam, Near No.114, Usman Road Building Back Side, Mangesh Road, T.Nagar, Chennai - 600 017. The petitioner in W.P.No.5773 of 2015 is running a bunk shop Opposite to the Thiyagaraya Nagar Social Club, Ramakrishna Mission School Back Side, Venkat Narayana Road, T.Nagar, Chennai - 600 017. The petitioner in W.P.No.5774 of 2015 is running a bunk shop near Saravana Store Building, Opposite to TVS Lucas, MTH Road, Padi, Chennai - 600 050 and the petitioner in W.P.No.5775 of 2015 is running a bunk shop at No.605, Ingate Front Side, Medavakkam Main Road, Opp.to Erikkarai, Sholinganallur, Chennai - 600 119.
4. According to the petitioners, the second respondent and the police officials are interfering with the business in running the petty shop and are trying to evict them. Therefore, the petitioners gave representations to the second 16.02.2015, 04.02.2015, 16.02.2015, 16.02.2015 and 18.12.2014 respectively and since the same evoke no response, they have come up with the above writ petitions before this Court.
5. Considering the limited nature of the prayer sought for and without expressing any opinion on the merits of the case, these writ petitions are disposed of with a direction to the petitioners to send a detailed representation individually to the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of such representation, the second 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 petitioners shall not be dispossessed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gg
To
1. The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.
2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.
5 cc to Mr.L. Chandrakumar, Advocate, Sr. 12093 1 cc to Government Pleader, Sr. 12183 W.P.Nos.5771 to 5775 of 2015 PPA (CO) kk6/3