Gomathi v. The State Commissioner For Differently Abled
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20651 of 2023 and WMP.No.20018 of 2023 Gomathi
...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 Secretary to Government Local Administrative Department Government of Tamil Nadu Fort St. George, Chennai 600 009.
3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.
4.The Zonal Officer Zone 10 Kodambakkam Chennai.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 05.07.2023 for grant of license/permission 1/6
to run petty shop and pass orders and till such time forbear the fourth respondent, their official, servant from in any manner interfering with the running of her petty shop at No.11th Avenue, Water Tank, Ashok Nagar, Chennai 600 083, by selling food and other snacks. For Petitioner : Mr.Mohammed Aasif For Respondents : Mr.C.Selvaraj for R1 & R2 Additional Government Pleader : Mr.A.C.Mani Bharathi for R3 & R4 Standing Counsel (GCC)
O R D E R
The petitioner herein seeks a direction to the respondents 1 to 4 to consider her representation dated 05.07.2023 and pass orders within a stipulated time.
2. According to the petitioner, she is a physically handicapped person with 80% disability and she is running a petty shop at No.11th Avenue, Water Tank, Ashok Nagar, Chennai 600 083, for the past 8 years. She is an unmarried women engaged in selling food and other snacks items in hygienic manner.
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3. The petitioner submitted a representation to the third respondent seeking permission to run the petty shop at No.11th Avenue, Water Tank, Ashok Nagar, Chennai 600 083. The main grievance of the petitioner is that her representation has not been considered by the third respondent in accordance with law.
4. A perusal of the representation submitted by the petitioner dated 05.07.2023 would suggest that it is in the nature of seeking a direction to the fourth respondent to consider her representation for granting permission to run the petty shop. Since the representation submitted by the petitioner on 05.07.2023 is not in appropriate form, taking into consideration the grievance expressed by the petitioner, this Court is inclined to issue a direction to the petitioner to submit a fresh representation to the Competent Authority namely, the third respondent within a period of two weeks from the date of receipt of copy of this order.
5. If any such representation is made by the petitioner, the third respondent is directed to consider the same on merits and in accordance with law within a period of six weeks from the date of submission of such 3/6
representation.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6
To 1.The State Commissioner for Differently Abled O/o.State Commissioner for Differently Abled J.N.Ring Road, Chennai 600 078.
2.The Secretary to Government Local Administrative Department Government of Tamil Nadu Fort St. George, Chennai 600 009.
3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.
4.The Zonal Officer Zone 10 Kodambakkam Chennai.
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S.SOUNTHAR , J.
dna W.P No.20651 of 2023 and WMP.No.20018 of 2023 13.07.2023 6/6