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Madras High CourtWP/15730/2018withdrawn dismissed

T.Ellammal, v. The State Commissioner For

2018-06-28Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.15730 of 2018 and WMP.No.18687 of 2018 T.Ellammal ..Petitioner 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 - 60 003. ..Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the 2nd Respondent to consider and pass orders on the petitioner's representation dated 04.06.2018 for grant of license/permission for running of the petitioner's bunk shop along with caretaker K.Muthukaruppan at E.B.Office Gate, Sathyadev Avenue, M.R.C.Nagar, Corporation Ward - 173, Chennai - 600 028 by selling tea, coffee and food items and till such time not to disturb the running of the same.

For Petitioner : Mr.K.Raja For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader for R1 : Mr.T.C.Goplakrishnan Standing Counsel for R2

ORDER

This writ petition has been filed seeking direction to grant licence to run a bunk shop in M.R.C.Nagar, Chennai.

2. The learned counsel for the petitioner by relying on the earlier direction submitted that the respondent can be directed to consider the representation for grant of licence.

3. The learned Standing Counsel for the respondents submitted that the Division Bench of this Court had issued direction to the respondents to remove all encroachments in the M.R.C.Nagar, Chennai and hence the request of the petitioner cannot be considered.

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4. In reply, the learned counsel for the petitioner submitted that the respondents may be directed to grant licence in any other area in chennai.

5. After arguing at length, when this Court was not inclined to issue direction in this writ petition, the learned counsel for the petitioner seeks permission to withdraw this writ petition and also made the following endorsement: "I am be permitted to withdraw with a liberty to file fresh writ petition after making proper representation seeking accommodation of shop in any place."

6. In view of the above submission and endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn with liberty to the petitioner as made in the endorsement. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar 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 - 60 003.

+1cc to Mr.J.C.Gopalakrishnan, Advocate SR.No.41919 +1cc to MR.K.Raja, Advocate SR.No.41715 CA(CO) sm:18.7.2018 W.P.No.15730 of 2018 and WMP.No.18687 of 2018 https://hcservices.ecourts.gov.in/hcservices/