Suguna, D/O.Pangala v. The Special Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2016
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 36155 of 2016 Suguna ..Petitioner Vs.
1.
The Special Commissioner, For Handicapped, Office of the State Commissioner for Disabled, No. 15/1, Model School Road, Thousand Lights, Chennai - 6.
The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
The Commissioner of Police, EVR High Road, Chennai - 600 007.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 16.07.2016 for issuance of licence for running Bunk Shop on the line of 100 feet Ring Road, by the side of Anna Nagar Bus Depot Carriage, Opp. Anbu Colony Apartments, Anna Nagar, Chennai - 600 040, where the petitioner is selling tea, coffee and allied fast foods 24 hours.
For Petitioner ::
Ms.P.S. Mercy Gnanammal For Respondent ::
Mr.P.V. Selvakumar Addl. Govt. Pleader
O R D E R
The prayer in the writ petition is for issuance of a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 16.07.2016 for issuance of licence for running Bunk Shop on the line of 100 feet Ring Road,
by the side of Anna Nagar Bus Depot Carriage, Opp. Anbu Colony Apartments, Anna Nagar, Chennai - 600 040.
The petitioner claims to be a physically handicapped person and she is said to be running a small bunk shop selling tea, coffee and fast food on the line of 100 feet Ring Road, by the side of Anna Nagar Bus Depot Carriage, Opposite Anbu Colony Apartments, Anna Nagar, Chennai - 600 040. Since the officials of the 3rd respondent tried to interfere with the petitioner's business, the petitioner gave a representation on 16.07.2016 to the 2nd respondent, not to disturb her business. However, no orders were passed on the same. Hence, the petitioner has filed the present writ petition.
A perusal of the records would reveal that except a document to show that the petitioner is a physically handicapped person, there is nothing to show that she is carrying on business in the said place. It has become a usual practice for some persons, who are physically handicapped, to earn the sympathy of this Court and get favourable orders and thereafter, try to establish a bunk shop near important junctions or landmarks in the city, where they could do good business. Having a bunk shop, either on road margins or on platforms, would cause great hindrance to free flow of traffic as well as for free movement of pedestrians. In the instant case, it is on the line of 100 feet Ring Road, by the side of Anna Nagar Bus Depot Carriage, Opp. Anbu Colony Apartments, Anna Nagar, Chennai - 600 040.
If any permission is granted, as sought by the petitioner, then it would definitely go against public interest. This writ petition, therefore, deserves to be dismissed and it is accordingly dismissed. It is made clear that this order has been passed, after going through the records, on merits and it is not a simple dismissal. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nv
To 1.
The Special Commissioner, For Handicapped, Office of the State Commissioner for Disabled, No. 15/1, Model School Road, Thousand Lights, Chennai - 6.
The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
The Commissioner of Police, EVR High Road, Chennai - 600 007.
+1 CC to M/s. P.S. Mercy, Advocate Sr.No.59352 W.P. No. 36155 of 2016 MV (CO) MD : 26/10/2016