Madras High CourtWP/22509/2013disposed of

A.Kayambu, v. The State Commissioner For

2018-01-31Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.22509 of 2013 A.Kayambu

...Petitioner

Versus

1. The State Commissioner for Differently Abled, No.15/1, Model School Road, Thousand Lights, Chennai-600 006.

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

.. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 05.07.2013 and till final decision is taken not to disturb the running of petitioner's bunk shop in the 1st Main Road, Ambattur Industrial Estate, Chennai-52.

For Petitioner : Mr.R.Rajaraman For RR1 : Mr.V.Shanmugasundar Special Government Pleader For RR2 : Mr.T.C.Gopalakrishnan Standing Counsel

O R D E R

This writ petition is filed for a direction to the second respondent to consider and pass orders on the petitioner's representation dated 05.07.2013.

2. According to the petitioner, he is the physically challenged person with disability of 80%. As per the provisions of the Disability (Equal opportunities, Protection of Rights and full participation) Act, 1995, he is entitled for benefits. So,

he submitted a representation to the second respondent on 05.07.2013, seeking permission to run a bunk shop in the 1st Main Road, Ambattur Industrial Estate, Chennai-52. Since, no action was taken, the petitioner is before this Court by filing the present writ petition.

3. Heard Mr.R.Rajaraman, learned counsel for the petitioner, Mr.V.Shanmugasundar, learned Special Government Pleader for the first respondent and Mr.T.C.Gopalakrishnan, learned Standing Counsel for the second respondent.

4. The learned Standing counsel for the second respondent has submitted that as on date, the petitioner is not running the bunk shop and his application would be considered as per law.

5. The learned counsel for the petitioner fairly submitted that the petitioner is not running the bunk shop and the representation submitted, may be considered favourably.

6. In the light of the above submission, this Court without going into the merits, directs the petitioner to give a fresh representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order, by enclosing a copy of this order. On such receipt, the second respondent shall pass appropriate orders on merits after providing an opportunity to all the necessary parties, within a period of eight weeks thereafter.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar rpl To

1. The State Commissioner for Differently Abled, No.15/1, Model School Road, Thousand Lights Chennai 600 006.

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

+1cc to Mr.Rajaram, Advocate SR.No.7688 +1cc to Mr.Gopalakrishnan, Advocate SR.No.7077 +1cc to Government Pleader SR.No.7975 W.P.No.22509 of 2013 MG(CO) GN(17/02/2018)