Shunmugam v. The State Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.29221 of 2012 & M.P.No.1 of 2012 Shunmugam

...Petitioner

Vs.

1. The State Commissioner for Differently Abled persons, O/o. the State Commissioner for Differently Abled, Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.

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

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 2nd respondent to consider and pass orders on the petitioner's representation dated 08.10.2012 in the light of the orders passed in W.P.No.9467 of 2010, dated 05.05.2010 and till final decision is taken, not to disturb the running of the petitioner's shop situated at Greems Road, Near to BSNL, Thousand Lights, Chennai-600 006, by selling coffee, tea and allied food items.

For Petitioner : M/s.M.Kamalanathan For Respondents : Mr.V.Shanmuga Sundar, Spl.G.P. (for R1) Mr.V.C.Selva Sekaran (for R2)

ORDER

This petition has been filed for issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass orders on the petitioner's representation dated 08.10.2012 and not to disturb the running of the petitioner's shop situated at Greems Road, Near to BSNL, Thousand Lights, Chennai-600 006, by selling coffee, tea and allied food items.

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2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for the 2nd respondent.

3. The case of the petitioner is that he is a physically handicapped person and running his business in the said place. The 2nd respondent is trying to interfere with the running of the petitioner's business. Hence, he gave a representation dated 08.10.2012. Since no action was taken, the present writ petition.

4. The learned standing counsel for the 2nd respondent submitted that the petitioner is running his business in the said place and if a fresh representation is given to the Vending Committee, the same would be considered in accordance with law.

5. In the light of the above facts and submissions, this Court, without going into the merits of the case, directs the petitioner to give fresh representation to the Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the Vending Committee shall consider the representation of the petitioner and pass orders, on merits and in accordance with law, within a period of eight weeks therefrom, after providing an opportunity of hearing to the petitioner. Till such time, the respondents shall not disturb the running of the petitioner's shop.

6. With the above observation and directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

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

1. The State Commissioner for Differently Abled persons, O/o. the State Commissioner for Differently Abled, Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.

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

+1cc to the Government Pleader, S.R.No. 16728 WP.No.29221 of 2012 TR(19/03/2018) https://hcservices.ecourts.gov.in/hcservices/