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Madras High CourtWP/29233/2012disposed of

V.Ajitha, v. The Commissioner

2018-03-02Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.29233 of 2012 & M.P.No.1 of 2012 V.Ajitha

...Petitioner

Vs.

The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003. ...Respondent PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to issue a valid licence to the petitioner to run the existing bunk shop cum tea stall (drum tea) at Haddows Road near to the left side of the 1st Gate of Sasthri Bhawan (closed), Chennai - 600 006 and protect the petitioner's day today life and livelihood and restraining from eviction.

For Petitioner : Mr.P.N.Peruvazhuthi For Respondent : Mr.R.Arunmozhi

ORDER

The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondent to issue a valid licence to the petitioner to run the existing bunk shop cum tea stall.

2. Heard the learned counsel for the petitioner, learned standing counsel for the Corporation / respondent.

3. The case of the petitioner is that she is a handicapped person and running a bunk shop at Haddows Road, near the 1st Gate of Sasthri Bhawan (closed), Chennai - 600 006, for her livelihood. The officials of the respondent are trying to interfere with the running of the petitioner's business. Hence, https://hcservices.ecourts.gov.in/hcservices/

she gave a representation dated 24.09.2012. Since the representation is not considered, the present writ petition.

4. The learned standing counsel for the Corporation / respondent submitted that the petitioner is not running business in the said place and if a fresh representation is given, the same would be considered in accordance with law.

5. In the light of the above submissions and the prayer sought for in the writ petition, this Court without going into the merits of the case, directs the petitioner to give fresh representation to the respondent, within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the respondent shall consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of two months therefrom, after providing an opportunity of hearing to the petitioner.

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

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

+ 1 cc to M/s.R.Aaunmozhi, Advocate Sr.No.16998 WP.No.29233 of 2012 CO(BR) VS 05/04/2018 https://hcservices.ecourts.gov.in/hcservices/