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Madras High CourtWP/17052/2018disposed of

Sumathi v. The District Collector

2018-07-12Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.17052 of 2018 Sumathi ... Petitioner Vs.

1.The District Collector, O/o.District Collectorates Office, Singaravelan Maligai, Chennai.

2.The Commissioner, State Disability Commission, No.5, Lady Willington Campus, Kamarajar Salai, Chennai - 600 005.

3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

4.The Chairman, Zonal Executive Engineer (Zonal-VI), The Township Vendor Committee, Corporation Officer, Chennai - 600 023.

5.The Zonal Officer, Zonal-6, Chennai Metropolitan Corporation, No.5, Anderson Road, Ayanavaram, Chennai - 600 023.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the respondents to consider the petitioner's representation dated 23.12.2017 and 18.4.2018 and to allot one bunk shop within the jurisdiction of Zone-VI of Chennai Corporation.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.B.Anand Government Advocate for R1 and R2 Mr.V.C.Selvasekaran Standing counsel for R3 to R5

O R D E R

Heard Mr.R.Thirumoorthy, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate for the respondents 1 and 2 and Mr.V.C.Selvasekaran, learned Standing counsel for the respondents 3 to 5.

2.This writ petition has been filed for issuance of a writ of mandamus, directing the respondents to consider the representations of the petitioner dated 23.12.2017 and 18.4.2018. 3.The case of the petitioner is that she is a physically challenged lady having disability of 70%. The representations given to the respondents for issuance of licence was not considered. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the fourth respondent to consider the representations of the petitioner.

5. The learned Standing Counsel for the respondents 3 to 5 submitted that the petitioner is not running a bunk shop as on date and the representations of the petitioner would be placed before the Vending Committee, the same would be considered in accordance with law.

6. In the light of the submissions made by the learned counsel on either side and the limited scope of prayer sought for in this writ petition, this Court, without going into the merits of the case directs the fourth respondent to consider the representations of the petitioner dated 23.12.2017 and 18.4.2018 and pass appropriate orders on merits and in accordance with law, after providing an opportunity to all the necessary parties, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar

ms To

1. The District Collector, O/o.District Collectorates Office, Singaravelan Maligai, Chennai.

2. The Commissioner, State Disability Commission, No.5, Lady Willington Campus, Kamarajar Salai, Chennai - 600 005.

3. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

4. The Chairman, Zonal Executive Engineer (Zonal-VI), The Township Vendor Committee, Corporation Officer, Chennai - 600 023.

5. The Zonal Officer, Zonal-6, Chennai Metropolitan Corporation, No.5, Anderson Road, Ayanavaram, Chennai - 600 023.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.45870 +1cc to the Government Pleader, S.R.No.46144 W.P.No.17052 of 2018 BM 24/07/2018