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Madras High CourtWP/31474/2019disposed of

K.Narasiman v. The Commissioner

2022-06-15Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.NO.31474 OF 2019 AND W.M.P.NOS.31642 AND 31643 OF 2019 K.Narasiman

...Petitioner

Vs.

The Commissioner, Avadi Municipality, Avadi, Tiruvallur District.

...Respondent

Prayer : Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to allot any shop in the commercial complex of the Respondent as petitioner's representation dated 01.11.2019. For Petitioner :

M/s.M.Thamizhavel For Respondent :

No Appearance

ORDER

The petitioner has filed this writ petition for the issuance of a Writ of Mandamus directing the respondent to allot any shop in the commercial complex of the Respondent based on the petitioner's representation dated 01.11.2019.

2. The specific case of the petitioner is that the petitioner is a physically handicapped person and that the sale of auction was conducted for the allotment of shop in the Commercial Complex of the respondent, pursuant to which, the petitioner had participated in the tender.

3. It is the further case of the petitioner that the petitioner was under impression that the respondent would allot a shop to the petitioner in the Commercial Complex of the respondent. However, to his dismay, the shop was not alloted to him.

4. The learned counsel appearing for the petitioner submits that the petitioner is eking out his life by selling vegetables https://hcservices.ecourts.gov.in/hcservices/

and he has no other means of livelihood. He further submits that the petitioner is the sole bread winner of the family and therefore, he prays that the respondents may consider the fact that the petitioner is a handicapped person and allot him a shop.

5. I have heard the learned counsel for the petitioner. There is no representation on behalf of the respondent.

6. It is noticed that the petitioner's representation deserves an attention. Though, the petitioner has sought for a wider relief in the present writ petition, I am inclined to dispose this writ petition by directing the respondent to consider the petitioner's representation dated 01.11.2019 and pass appropriate orders in accordance with law, within a period of one week from the date of receipt of a copy of this order. In case, if there are any concessions available to the physically handicapped persons, the same shall also be extended to the petitioner. Needless to state, that the petitioner shall also be heard before passing such order.

7. This writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar rgm To The Commissioner, Avadi Municipality, Avadi, Tiruvallur District.

+1cc to Mr.M.Thamizhavel, Advocate Sr.No.35775 W.P.No.31474 of 2019 and W.M.P.Nos.31642 and 31643 of 2019 PM(CO) RVM(04/07/2022) https://hcservices.ecourts.gov.in/hcservices/