(Order of the Court was made by THE ACTING CHIEF JUSTICE) This writ appeal is directed against the order dated 01.06.2016 made in W.P.No.17485 of 2016, whereby the prayer sought for by the writ petitioner/appellant was dismissed as it was against the public interest.
2. The case of the writ petitioner/appellant, who is the otherwise abled person (disabled), is that he is running a small tea shop near Saravana Stores, Paadi, Ambattur, Chennai and since the second respondent is attempting to evict the appellant from the bunk shop, he made a representation dated 16.03.2016 to the first respondent. Since no action was taken on the said representation, the writ petitioner/appellant has filed the writ petition. Holding that the writ petitioner/appellant does not have any right to run a shop on platforms and road margins, the learned single Judge dismissed the writ petition. Aggrieved by the same, the writ petitioner has come up with the present writ appeal.
3. Heard Mr.M.Gnanasekar, learned counsel appearing for the appellant, Ms.Vasudha Thiagarajan, learned Additional Government Pleader appearing for the first respondent and Mr.V.C.Selvasekaran, learned counsel appearing for respondents 2 and 3.
4. Learned counsel appearing for respondents 2 and 3 submits that establishment of bunk shops on the highway is impermissible.
5. In view of the Vending Committee having been constituted vide G.O. (4D) No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016 and the proceedings of the Commissioner of Corporation in RDC.No.007/2016, dated 01.11.2016 nominating the members of the Vending Committee, it is for the appellant to approach the Vending Committee by filing an application. On such application being filed, the Vending Committee shall consider the same and pass orders on its own merits and in accordance with law within a period of three months from the date of receipt of a copy of the judgment. The writ appeal shall stand disposed of accordingly. No costs.
mmi (H.G.R., A.C.J.) (R.M.D.J.) 28.02.2017 To
1. The Special Commissioner for Handicapped, Office of the State Commissioner for Disabled, No.15/1, Model School Road, Thousand Lights, Chennai - 6.
2. The Commissioner, Chennai Corporation, Rippon Buildings, Chennai - 3.
3. The Zonal Officer VII, No.536, Chennai Tiruvalluvar Highway Road, Ambattur, Chennai - 53.
THE ACTING CHIEF JUSTICE and R.MAHADEVAN, J mmi W.A.No.91 of 2017 28.02.2017 http://www.judis.nic.in