R.Srimathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.19943 of 2018 R.Srimathi

...Petitioner

Vs.

1. The Commissioner, The Corporation of Greater Chennai, Chennai.

2. The State Commissioner, Physically Challenged State Commission, Lady Willington Complex, Kamarajar Salai, Chennai - 600 005.

3. The Dean, The Kasthuribai Gandhi Development, Maternity Hospital, Chepauk, Chennai.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 13.04.2018 to permit the petitioner to put up the steel bunk inside or near the compound wall of the maternity building at the Kasthuribai Gandhi Government Maternity Hospital, Chepauk, Chennai 600 005, within a stipulated period that may be fixed by this Court. For Petitioner : Mr.S.Elan Kumaran For Respondents: Mr.V.C.Selvasekaran, for R1 Mr.V.Shanmuga Sundar, Spl.G.P., for R2

ORDER

Mr.V.C.Selasekaran, learned Standing Counsel takes notice for the first respondent and Mr.V.Shanmuga Sundar, Special Government Pleader takes notice for the second respondent. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing.

2. The petitioner has come up with this writ petition seeking direction to the first respondent to consider the representation of the petitioner dated 13.04.2018 and permit her to put up a bunk shop inside or near the third respondentHospital.

3. The case of the petitioner is that she is a physically challenged person and she is the only breadwinner of her family and she gave a representation to the respondents to put up a bunk shop inside or near Kasthuribai Gandhi Government Maternity Hospital, Chepauk, Chennai. Since it was not considered, the present writ petition.

4. The learned counsel for the petitioner submitted that it would suffice, if a direction is given to the first respondent to consider the representation of the petitioner.

5. The learned Standing Counsel for the respondent submitted that the Zonal Officer, Zone-5, Chennai Corporation is the competent authority and if the petitioner gives a fresh representation, he would consider the same in accordance with law.

6. In the light of the above facts and the submissions of the learned counsels appearing for both sides, this Court, without going into the merits of the case, directs the petitioner to give a fresh representation to the Zonal Officer, Zone-5, Chennai Corporation by enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the said officer shall consider the same and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties within a period of four weeks therefrom.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pvs To

1. The Commissioner, The Corporation of Greater Chennai, Chennai.

2. The State Commissioner, Physically Challenged State Commission, Lady Willington Complex, Kamarajar Salai,Chennai - 600 005.

3. The Dean, The Kasthuribai Gandhi Development, Maternity Hospital, Chepauk, Chennai.

4.The Zonal Officer, Zone-5, Chennai Corporation +1cc to Mr.S.Elan Kumaran, Advocate SR.NO.53064 NMI(CO) sm:20.9.2018 WP.No.19943 of 2018