Mr.R.Kannan has come to this Court seeking issuance of a writ of mandamus, directing the second respondent-Commissioner, Corporation of Chennai to dispose of his representation dated 26.11.2016 for issuance of license for running the bunk shop on the line of Third Avenue Road, in front of service road near by IndusInd Bank Ltd., Opp. CNK College for Men, Anna Nagar, Chennai for selling tea, coffee, snacks and fast food.
2. Learned counsel for the petitioner submitted that the petitioner is a physically challenged person with 90% disability caused by polio parasis. However, to eke out his livelihood, he is running a bunk shop on the line of Third Avenue Road, in front of service road near by IndusInd Bank Ltd., Opp. CNK College for Men, Anna Nagar, Chennai by selling tea, coffee, snacks and fast food. While he has been running the said shop, there has been a threat to evict his bunk shop. Therefore he gave a representation to the second respondent-Commissioner, Corporation of Chennai requesting him not to evict his bunk shop. But the second respondent keeps on disturbing the petitioner's business. Therefore, several representations were given not to disturb his peaceful possession of the bunk shop, as his bunk shop is no way disturbing the general public or the free flow of traffic. Considering the factor that the petitioner is a physically challenged person, the respondents, after considering Section 43 of the Persons with Disabilities (Equal Protection, Equal Opportunities and Right to Full Participation) Act, 1995, which says that the petitioner has a statutory right of business, should have considered the representation. As they have not done so, the petitioner has been advised to approach this Court. Therefore a direction may be issued to the second respondent to dispose of his representation dated 26.11.2016.
3. Mr.P.V.Selvakumar, learned standing counsel takes notice on behalf of the second respondent.
4. As the petitioner's representation is pending for a long time, the second respondent-Commissioner, Corporation of Chennai is hereby directed to consider and dispose of the petitioner's representation within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.