Disposed

P.Preetha, v. The State Commissioner for

Madras HC18 Mar 2016WP/10292/2016

Case brief

AI extract

What is this about?

In this writ petition filed by a physically challenged person, the petitioner sought a license to run a bunk shop and protection against eviction. The Court directed the Commissioner Corporation of Chennai to consider the petitioner's representation within four weeks and stayed any dispossesssion of the premises pending the order on merits.

What did the court decide?

The petitioner was directed to send a copy of the representation to the third respondent within two weeks; the second respondent to consider it and pass orders within four weeks, and the petitioner wa

P.Preetha, Vs The State Commissioner for — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.3.2016

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CORAM

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THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM

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W.P.No.10292/2016 & WMP.No.9123/2016

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P.Preetha .. Petitioner Vs 1 The State 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 Government of Tamilnadu Fort St. George Chennai-600 009. 3 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd Respondent to consider the petitioner's representation dated 2.3.2016 for grant of license / permission to run bunk shop and pass orders and till such time forbear the 3rd Respondent their officials, servants from in any manner interfering with the running of the Petitioner's bunk shop at No.57, McNicholos Road, Opposite to Sheenlac Paint Company, Chetpet, Chennai 600 031, wherein selling Tea, Coffee, Food and other snacks.

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For Petitioner : Mr. R.Kamaraj For RR 1 and 2 : Mr.R.Rajeswaran Special Government Pleader For Respondent 3 : Mr.P.V.Selvakumar

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ORDER

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Heard the learned counsel for the petitioner; learned Special Government Pleader accepting notice on behalf of the respondents 1 and 2 and Mr.P.V.Selvakumar, learned counsel

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https://hcservices.ecourts.gov.in/hcservices/

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accepting notice on behalf of the 3 rd respondent and with their consent, this writ petition is taken up for final disposal.

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2 The petitioner is a physically challenged person. He is running a Bunk shop at No.57, McNicholos Road, Opposite to Sheenlac Paint Company, Chetpet, Chennai 600 031 for selling Tea, Coffee and snacks items.

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3 The grievance of the writ petitioner is that the officials of the 3 rd respondent have attempted to evict his bunk shop without giving prior opportunity. Threatened with dispossession by the respondents, the petitioner has sent a representation dated 02.03.2016 to the respondents. Thereafter, the petitioner has come up with the present writ petition, seeking a direction to the 3 rd respondent to dispose of the petitioner's representation dated 02.03.2016 for issuance of licence for running Bunk Shop.

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4 As per the orders of the Honourable First Bench of this Court, a direction was issued to the Corporation to allot 5% of the shops for physically challenged persons. Pursuant to the said order, several orders have been passed directing the Corporation to consider the cases of physically challenged persons in view of Section 43 of “The Persons with disabilities (equal opportunities, protection of rights and full participation Act) 1995”.

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5 In the light of the above, this Writ Petition is disposed of without going into the merits of the case, directing the petitioner to send one more copy of the representation dated 02.03.2016 to the 3 rd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed.

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6 Till such time, the second respondent passes appropriate orders, the petitioner shall not be dis-possessed from the place.

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kua

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https://hcservices.ecourts.gov.in/hcservices/

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To:

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1 The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled, J.N.Ring Road Chennai- 600 078.

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

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3 The Commissioner
Corporation of Chennai Rippon Buildings
Chennai-600 003.
1 cc to Mr.P.V. Selvakumar, Advocate, Sr. 17560
1 cc to Mr.R. Kamaraj, Advocate, Sr. 17782
WP.No.10292/2016
KJI (CO)
kk 24/3

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P.Preetha, v. The State Commissioner for

Case brief

What is this about?

What did the court decide?

P.Preetha, v. The State Commissioner for

Case brief

What is this about?

What did the court decide?

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