M.Lakshmi v. The Special Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.8019 to 8021/2015 M.Lakshmi ..
Petitioner in WP.No.8019/2015 Suguna ..
Petitioner in WP.No.8020/2015 Balavesamuthu ..
Petitioner in WP.No.8021/2015
Versus
1.The Special Commissioner for Hanidcapped, O/o.The State Commissioner of Disabled, No.15/1, Middle School Road Thousand Lights, Chennai 600 006.
2.The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003.
3.The Commissioner of Police ..
Respondents in WP.No.8019/2015 4.The Secretary Department of Local Authority Fort St Goerge, Chennai 600 009.
5.The Special Commissioner for Handicapped O/O.The State Commissioner of Disabled, No.15/1, Model School Road, Thousand Lights, Chennai 600 006.
6.The District Collector Singaravelan Maligai Rajaji Salai, Chennai.
7.The Commissioner, Corporation of Chennai Rippon Building, Chennai 600 003.
8.The Executive Engineer 9.The Commissioner of Police ..
Respondents in WP.No.8020/2015 10.The Special Commissioner for Handicapped O/O.The State Commissioner of Disabled, No.15/1, Model School Road, Thousand Lights, Chennai 600 006.
11.The District Collector Kancheepuram District, Kancheepuram.
12.The Taluk Officer Zozhinganallur Taluk Medavakkam, Chennai 600 119.
13.The Executive Engineer 14.The Inspector of Police Chemancherry Police Station Chennai 600 119.
..
Respondents in WP.No.8021/2015 Prayer in WP.No.8019/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 28.11.2014 issuance of licence for running Bunk shop on the line of MTH Road, by the side of Saravana Store Main Gate, Opp. Luckas TVS, Padi, Chennai 600050, selling Tea, Coffee, Snacks [Foods], in hygenic manner.
Prayer in WP.No.8020/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 4th respondent, the petitioner were assisted to get allotment of site for erection of bunk shop at on the line of EVR High Road, by the side of Rajiv Gandhi General Hospital, near by Pillaiyar Temple, Park Town, Chennai 600 003, by the common order of 2nd respondent dated on 08.08.2013 selling tea, coffee, snacks [ Foods] in hygenic manner.
Prayer in WP.No.8021/2015:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd respondent dated 23.02.2015 issuance of license for Medavakkam High Road, Zozhinganallur, by the side of Elcotez in gate Opp. Sadappanila Forest Area, Tolgate, Chennai 600 119, Zozhinganallur Taluk, Selling Tea, Coffee, Snacks [Foods] in hygenic manner. For Petitioners in all the writ petitions :
Mr.V.Jaishankar For R1 in WP.Nos.
8019&8020/2015 & RR1&2 in WP.No.
8021/2015 :
Mr.R.Vijayakumar, AGP For R2 &R3 in WP.No.
8019/2015 ; RR4 & 6 in WP.No.8020/2015 & R5 in WP.No.8021/2015 :
Mr.P.V.Selvakumar COMMON ORDER Heard Mr.V.Jaishankar, learned counsel for the petitioners and Mr.R.Vijayakumar, learned Additional Government Pleader accepting notice for the 1st respondent in WP.Nos.8019 & 8020/2015 and for the respondents 1 and 2 and Mr.P.V.Selvakumar, learned counsel accepting notice for the respondents 2 and 3 in WP.No.8019/2015 ; for respondents 4 and 6 in WP.No.8020/2015 and for the 5th respondent in WP.No.8021/2015 and with their consent, the writ petitions are disposed of at the admission stage itself. Since the issue involved in these writ petitions 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 [in WP.No.8019/2015] ; 4th respondent [in WP.No.8020/2015] and 3rd respondent [WP.No.8021/2015] 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 [in WP.No.8019/2015] ; 4th respondent [in WP.No.8020/2015] and the 3rd respondent [in WP.No.8021/2015] are interfering with their business in running the bunk shops and are trying to evict them.
Therefore, the petitioners gave representations to the respective respondents 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 [in WP.No.8019/2015] ; 4th respondent [in WP.No.8020/2015] and the 3rd respondent [in WP.No.8021/2015] to consider the individual representations of the petitioners respectively dated 28.11.2014 ; 12.12.2014 and 23.02.2015 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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The Special Commissioner for Hanidcapped, O/o.The State Commissioner of Disabled, No.15/1, Middle School Road Thousand Lights, Chennai 600 006.
2.The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003.
3.The Commissioner of Police 4.The Secretary Department of Local Authority Fort St Goerge, Chennai 600 009.
5.The District Collector Singaravelan Maligai Rajaji Salai, Chennai.
6.The Executive Engineer 7.The Commissioner of Police
8.The District Collector Kancheepuram District, Kancheepuram.
9.The Taluk Officer Zozhinganallur Taluk Medavakkam, Chennai 600 119.
10.The Executive Engineer 11.The Inspector of Police Chemancherry Police Station Chennai 600 119.
3 cc to Mr.V.Jaishankar ,Advocate, SR.No.16171 & 16169 & 16170 WP.Nos.8019 to 8021/2015 mg(co) pmk.24.3.2015