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Madras High CourtWP/9173/2015disposed of

R.Nagalakshmi v. The State Commissioner For

2015-03-30Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.9173 and 9174 of 2015 & M.P.Nos.1 and 1 of 2015 R.Nagalakshmi ... Petitioner in W.P.No.9173/2015 Somasundaram ... Petitioner in W.P.No.9174/2015 Vs.

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 1 & 2 in both petitions

3. The Commissioner of Police, Vepery, Chennai - 600 007.

... 3rd respondent in W.P.No.9174/2015 Prayer in W.P.No.9173/2015 : 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 at Sivasankaran Road, near Fisheries Office, Behind Physically Handicapped Office, Teynampet, Chennai - 600 006, 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.9174/2015 : 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 16.03.2015 for grant of license / permission for running of the petitioner's bunk shop at HCL No.605, Ingate front

side, Medavakkam Main Road, 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 M/s.N.R.Jasmine Padma For Respondents 1 & 3 :

Mr.V.Jayaprakash Narayanan Spl. Govt. Pleader For R2 :

Mr.T.C.Gopalakrishnan Standing Counsel for Corporation.

COMMON ORDER Heard Mr.L.Chandrakumar, learned counsel assisted by Ms.N.R.Jasmine Padma, learned counsel appearing for the petitioners and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents, who accepts notice for the respondents. 2.The petitioners seek for a direction upon the second respondent to consider and pass orders on their representations submitted on 16.02.2015 and 16.03.2015 respectively 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.9173 of 2015 is running a bunk shop at Sivasankaran Road, near Fisheries Office, Behind Physically Handicapped Office, Teynampet, Chennai - 600 006 and the petitioner in W.P.No.9174 of 2015 is running a bunk shop at HCL No.605, Ingate front side, Medavakkam Main Road, 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 and 16.03.2015 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/- Assistant Registrar(CS III) //True Copy// Sub Assistant 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.

3. The Commissioner of Police, Vepery, Chennai - 600 007.

+2cc's to M/s.N.R.Jasmine Padma, Advocate, S.R.No.17728 +1cc to the Government Pleader, S.R.No.17943 +1cc to the Government Pleader, S.R.No.17934 W.P.Nos.9173 and 9174 of 2015 VGI(CO) CA(09/04/2015)