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Madras High CourtWP/7869/2015disposed of

P.Ramasamy v. The Commissioner

2015-03-19Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.7869 to 7871 of 2015 and M.P.Nos.1, 1 and 1 of 2015 P.Ramasamy

...Petitioner in WP.No.7869/2015

A.Elumalai

...Petitioner in WP.No.7870/2015

L.Lilly

...Petitioner in WP.No.7871/2015

Versus

1. The Commissioner for Corporation of Chennai Rippon Buildings, Chennai 600 003.

2. The State Commissioner for differently abled o/o State Commissioner for differently abled J.N.Ring Road, Chennai - 600 078.

...Respondents in all the petitions

Prayer in WP.No.7869/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 02.03.2015 for grant of license/permission for running of the petitioner's bunk Shop No.671, Allikulam Link Road, Back side of V.P.Hall, Opposite to Allikulam Vaniga Valagam, Chennai - 600 007, by selling tea, coffee and snacks items and till such time, not to disturb the running of the same. Prayer in WP.No.7870/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 11.02.2015 for grant of license/permission for running of the petitioner's push cart bunk shop no.635, Allikulam Link Road, Net to Shop No.635, Chennai -600 003, by selling tea,

coffee and snacks items and till such time, not to disturb the running of the same Prayer in WP.No.7871/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 02.03.2015 for grant of license/permission for running of the petitioner's bunk shop opposite to Door No.2, Hutkinson Palac, Jothi Venkatachalam Street, Chennai - 600 007 by 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 :

Ms.T.Muthamizh Selvi For R1 :

Mr.P.V.Selvakumar For R2 :

Mr.S.Gunasekaran, GA COMMON ORDER Heard Ms.T.Muthamizh Selvi, learned counsel for the petitioners and Mr.P.V.Selvakumar, learned counsel appearing for the 1st respondent and Mr.S.Gunasekaran, learned Government Advocate 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 petitions are 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 1st 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 1st respondent are interfering with their business in running the bunk shops and are trying to evict them. Therefore, the petitioners gave representations to the 1st 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 1st respondent to consider the individual representations of the petitioners respectively dated 02.03.2015, 11.02.2015 and 02.03.2015 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/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssd To

1. The Commissioner for Corporation of Chennai Rippon Buildings, Chennai 600 003.

2. The State Commissioner for differently abled o/o State Commissioner for differently abled J.N.Ring Road, Chennai - 600 078.

1 CC to Ms.T.Muthamizh Selvi, Advocate SR.No. 15550 1 CC to the Spl.Government Pleader, SR.No. 15842 WP.Nos.7869 to 7871 of 2015 and M.P.Nos.1, 1 and 1 of 2015 VSN (CO) PSI (26.03.2015)