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K.Mageshwari vs The Special Commissioner

Madras High Court|07 November, 2017

JUDGMENT / ORDER

The petitioner has come forward with this petition seeking direction to the 2nd respondent to dispose of the petitioner's representation dated 13.08.2017 for issuance of license to his bunk shop on the line of Thirumangalam Mugapair Main Road, by the side of private apartments Chennai 600 040, for selling tea, coffee and allied foods, fresh vegetables.
2. The case of the petitioner is that she is a physically handicapped person with 65% disability due to polio paralysis. The petitioner is running a bunk shop on the line of Thirumangalam Mugapair Main Road, by the side of Private apartments, Chennai 600 040 and selling tea, coffee and allied foods, fresh vegetables, etc. The Officials of the 3rd respondent, without giving any opportunity are trying to evict her bunk shop. According to the petitioner, the bunk shop is no way disturbing the general public and free flow of traffic and hence the petitioner has made representations to the 2nd respondent not to disturb her business. Since no action has been taken on the said representations, the petitioner has filed the above Writ Petition for the relief stated supra.
3. The learned counsel appearing for the second respondent-Corporation submitted that there is no bunk shop of the petitioner in the said place as on date.
4. Since the petitioner has sent a copy of the representation dated 13.08.2017, to the first respondent to consider her case for issuing license to the bunk shop, if the petitioner is able to establish that she is running the said bunk shop on the line of Thirumangalam Mugapair Main Road, by the side of private apartments Chennai 600 040, the first respondent is directed to consider the said representation and pass appropriate orders on merits and in accordance with law within a period of one month, after hearing the petitioner. Before granting permission, the authority must ensure that Bunk shops, if any, will not affect free flow of traffic or cause hindrance to pedestrians and no harmful products like cigarettes, etc., that cause health hazards shall be sold.
5. With the above observation and direction, the writ petition is disposed of. No costs.
07.11.2017 Index : Yes / No Internet Yes/ No pvs To
1. The Special Commissioner for Handicapped, Office of the State Commissioner of Disabled No.15/1, Model Schoold Road, Thousand Lights, Chennai - 600 006.
2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
3. The Commissioner of Police, EVR High Road, Chennai - 600 007.
S.VAIDYANATHAN, J pvs W.P.No.28238 of 2017 07.11.2017
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Title

K.Mageshwari vs The Special Commissioner

Court

Madras High Court

JudgmentDate
07 November, 2017