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Madras High CourtWP/30323/2018disposed of

M.Shankaralingam v. The Secretary To Municipal Corporation

2019-01-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28..01..2019

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.30323 of 2018 M.Shankaralingam ... Petitioner -Versus1.The Secretary to Municipal Corporation, Government of Tamil Nadu, Fort St. George, Chennai 600009.

2.The Special Commissioner, For Handicapped, Office of the State Commissioner of Disabled, No.15/1, Model School road, Thousand Lights, Chennai 600006.

3.The Director, Cantonment Board, Parankimalai, St. Thomas Mount, Chennai 600016.

4.The Commissioner, Pallavaram Municipality, Pallavaram, Chennai 600043.

5.The Superintendent of Police, Kancheepuram District, Kancheepuram.

6.The Inspector of Police, Pallavaram Police Station, Chennai 600016.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to dispose of the petitioner's representation dated 20.04.2018 for grant of license to continue to run the petty shop and for a further direction forbearing the 6th respondent from interfering with the business of the petitioner in selling Tea and Coffee, snacks and fast food in the bunk shop (measuring about 8 x 6 feet) put up on the line of GST Road, by the side of Thirusulam Main Bus Stop, Chennai 600043.

For Petitioner : Mr.N.A.Sadique For Respondent(s) : Mr.R.Govindasamy, Special G.P. for R1, R2, R5 and R6 Mr.P.Srinivas, Standing Counsel for R4 Mr.C.Mohan for M/s.King and Patridge for R3

ORDER

This writ petition has been filed seeking a writ in the form of mandamus directing the 6th respondent to consider the representation of the petitioner dated 20.04.2018 for grant of license to continue to carry on his business in the petty shop and for a further direction forbearing the 6th respondent from interfering with the business of the petitioner until the representation of the petitioner is considered.

2. According to the petitioner, earlier he had submitted a application / representation dated 20.04.2018 for grant of license to run his petty shop along the road side. Pending this writ petition, according to the petitioner, he has submitted another application in the prescribed format on 24.01.2019 seeking license and the same is now pending with the 6th respondent. The grievance of the petitioner is that his request for grant of license has not yet been considered. Hence, this writ petition.

3. Earlier notice was ordered to the respondents. Today, Mr.C.Mohan, the learned standing counsel for the 3rd respondent, on instructions, submitted that the application of the petitioner for grant of license in the prescribed form was received by the 3rd respondent only on 24.01.2019 and he would consider the same on merits and pass appropriate orders in accordance with law within a reasonable time.

4. Considering the limited relief sought for in the writ petition and the submission made by the learned counsel for the

3rd respondent, this court, without going into the merits of the case, directs the 3rd respondent to consider the application of the petitioner dated 24.01.2019 and pass suitable orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar kmk To 1.The Secretary to Municipal Corporation, Government of Tamil Nadu, Fort St. George, Chennai 600009.

2.The Special Commissioner, For Handicapped, Office of the State Commissioner of Disabled, No.15/1, Model School road, Thousand Lights, Chennai 600006.

3.The Director,Cantonment Board,St. Thomas Mount, Chennai-16. 4.The Commissioner, Pallavaram Municipality,Pallavaram,Chennai 600043.

5.The Superintendent of Police, Kancheepuram District, Kancheepuram, District.

6.The Inspector of Police, Pallavaram Police Station,Chennai 600016.

+1cc to Mr.N.A.Sadique, Advocate SR.No.6837 +1cc to Mr.King & Partridge, Advocate SR.No.6939 +1cc to Mr.P.Srinivas, Advocate SR.No.7009 +1cc to Government Pleader SR.No.8165 Writ Petition No.30323 of 2018 GMY(13/02/2019)