M.Venkatesh, v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.8453 to 8456/2015 & MP.Nos.1, 1 &1/2015 M.Venkatesh ... Petitioner in WP.No.8453/2015 Manikandan ... Petitioner in WP.No.8454/2015 Srinivasan ... Petitioner in WP.No.8455/2015 Chitra ... Petitioner in WP.No.8456/2015
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 WP.Nos.8453, 8455, 8456/2015
3. The Administrative Director SIDCO Small Factory Industrial Ambattur Estate, Chennai 600 058.
... R3 in WP.No.8453/2015
4. The Commissioner of Police Vepery, Chennai-600 007.
... R3 in WP.Nos.8455, 8456/2015
5. The Commissioner, Poonamallee Municipality, Poonamallee, Thiruvallur District, Chennai 600 056. ... R2 in WP 8454/2015
Prayer in WP.No.8453/2015:- 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 petitioner's representation dated 27.02.2015 for grant of license/permission for running of the petitioner's bunk business at Ambit Building, 1st Gate, Ambit Park Salai, Ambattur, Chennai 600 058, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same.
Prayer in WP.No.8454/2015:- 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 petitioner's representation dated 13.03.2015 for grant of license/permission for running of the petitioner's bunk [Puncture shop] at No.12,Seetha Automobiles, Poonamallee Hgh Road, Opposite to Poonamallee Bus Stop, Thiruvallur District, Chennai-56 and till such time not to disturb the running of the same.
Prayer in WP.No.8455/2015:- 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 petitioner's representation dated 16.03.2015 for grant of license/permission for running of the petitioner's bunk shop at HCL No.605, Outgate [HCL], Medavakkam Main Raod, Sholinganallur, Chennai-119, wherein selling Tea, Coffee and snacks items and till such time not to disturb the running of the same.
Prayer in WP.No.8456/2015:- 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 petitioner's representation dated 27.02.2015 for grant of license/permission for running of the petitioner's bunk shop at opposite to Suthanthira Park, Corporation School Road, [Rajaji Road], Nungambakkam, Chennai34, 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 in all the writ petitions :
Mr.K.Jayaprakash Narayanan Special Government Pleader For R2 in all the writ petitions :
Mr.P.V.Selvakumar
COMMON ORDER Heard Mr.R.Kamaraj, learned counsel for the petitioners and Mr.K.Jayaprakash Narayanan, learned Special Government Pleader 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 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 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 all the writ petitions] and the 3rd respondent [in all the writ petitions] 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 27.02.2015 ; 13.03.2015 ; 16.03.2015 and 27.02.2015 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. No costs. Consequently, the miscellaneous petitions are closed.
AP 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.
4. The Commissioner of Police Vepery, Chennai-600 007.
5. The Commissioner, Poonamallee Municipality, Poonamallee, Thiruvallur District, Chennai 600 056.
+4cc's to Mr.R.Kamaraj, Advocate, S.R.No.16699 +1cc to the Government Pleader, S.R.No.17007 WP.Nos.8453 to 8456/2015 MP(CO) CA(01/04/2015)