Madras High CourtWP/40934/2016dismissed

E.Anandi v. The Special Commissioner

2016-11-22Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.11.2016

CORAM

The Honourable MR. JUSTICE N.KIRUBAKARAN W.P.No.40934 of 2016 E.Anandi [ Petitioner ] Vs 1 The Special Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078 2 The Secretary to Government Local Administration Department Fort St. George Chennai-600 009 3 The Commissioner Corporation of Chennai Ribbon Building Chennai-600 003. [Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to consider the representation dated 21.04.2016.

For Petitioner : Mr.M.Ponpandi For Respondents: Mr.P.V.Selvakumar, Additional Government Pleader

ORDER

The petitioner, who alleges to be a physically handicapped person, has come before this Court, seeking a writ of mandamus directing the respondents to dispose of her representation dated 21.04.2016, seeking allotment of bunk shop to her.

2. The petitioner is stated to be a physically handicapped person. Though she filed a copy of the Passbook issued to her for physically handicapped, that will not entitle her to apply to the respondents to allot a Bunk Shop in a particular place. https://hcservices.ecourts.gov.in/hcservices/

If a public place is to be allotted to a Bunk Shop, the same will be done by making suitable advertisements and if there is any provision for allotting the same to Physically handicapped persons, the same will be done. Most of the persons who are approaching this Court claiming themselves to be physically handicapped persons are choosing very important places viz., Shopping Malls, Government Companies, Industries and invariably they seek for road margins and platforms for allotment of shops. Road margins and Plat Forms are meant for Pedestrians. However, Pedestrians are not allowed to use the platforms and in view of the same, naturally, they are constrained to use the road, resulting in affecting the traffic flow and also causing accidents.

3.In view of the above and in view of the fact that since no statutory right is available to the petitioner to seek a writ of mandamus to allot the Bunk Shop, the writ petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rg To 1 The Special Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078.

2 The Secretary to Government Local Administration Department Fort St. George Chennai-600 009.

3 The Commissioner Corporation of Chennai Ribbon Building Chennai-600 003.

W.P.No.40934 of 2016 mv[co] srg 08/12/2016 https://hcservices.ecourts.gov.in/hcservices/