Sjeevitha v. The Special Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 03.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.3891 of 2016 S.Jeevitha .. Petitioner

Versus

1 The Special Commissioner for Handicapped O/o.The State Commissioner of Disabled No.15/1 Model School Road Thousand Lights Chennai-6.

2 The Commissioner Corporation of Chennai Rippon Building Chennai-3.

3 The Divisional Engineer High Ways and Rural Work Department Saidapet Chennai-35.

4 The Commissioner of Police EVR High Road Chennai-7 .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent to dispose of the petitioner representation dated 5.11.2015 issuance of License Bunk Shop bunk shop on the line of Poonamallee High Road by the side of Private Company Opp. Gupta &Co. Ramapuram Chennai-600 089 selling Tea Coffee and alive foods.

For Petitioner : Ms.Mercy Gnanammal For Respondents : Mr.R.Rajeswaran (for R1, R3 and R4) Special Government Pleader Mr.P.V.Selvakumar (for R2)

O R D E R

Heard Ms.Mercy Gnanammal, learned counsel for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader, after accepting notice for respondents 1, 3 and 4 and Mr.P.V.Selvakumar, learned counsel accepting notice for the 2nd respondent and with consent the writ petition is disposed of. 2.The petitioner has come up with the above writ petition for a direction to the second respondent to consider and pass orders on her representation dated 05.11.2015 for issuance of License for running a Bunk Shop on the line of Poonamallee High Road by the side of Private Company Opp. Gupta &Co., Ramapuram, Chennai-89.

3. The petitioner is a physically challenged woman with 75% disability and she is running a bunk shop in the place mentioned above. However, according to the petitioner, the officials of the respondents are interfering with her business in running the bunk shop and are trying to evict her. Therefore, the petitioner gave representation to the respondents and thereafter, has come forward with the above writ petition. 4.According to the learned counsel for the respondents Corporation, roads, pathways, etc., vest within the jurisdiction land control of the Corporation. 5.In view of the said submission, without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 05.11.2015 on merits and pass appropriate orders thereon in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till then, the petitioner shall not be dispossessed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ars To 1 The Special Commissioner for Handicapped O/o.The State Commissioner of Disabled No.15/1 Model School Road Thousand Lights Chennai-6.

2 The Commissioner Corporation of Chennai Rippon Building Chennai-3.

3 The Divisional Engineer High Ways and Rural Work Department Saidapet Chennai-35.

4 The Commissioner of Police EVR High Road Chennai-7 +1 cc to Government Pleader sr.7233 +1 cc to Mr.N.A.Sadique Advocate sr.6955 +1 cc to Mr.P.V.Selvakumar Advocate sr.6858 W.P.No.3891 of 2016 aa05/02/2016