DORAIRAJ Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner in WP.No.38383 of 2002, has prayed for direction in the nature of writ of mandamus, directing the Commissioner, Corporation of Coimbatore - first respondent to cancel the allotment of Shop No.9 made in favour of the second respondent and consequently direct the first respondent to allot the said shop to him, in compliance with the order of this Court dated 08.01.1998 made in Contempt Petition No.509 of 1997.

(2.) In the other three writ petitions, the petitioners have prayed for direction to the Commissioner, Corporation of Coimbatore to allot one shop inside the bus stand, which is going to be located adjacent to Shop No.9 to them in preference to any other person, in compliance with the direction of this Court dated 08.01.1998 made in Contempt Petition No.509 of 1997.

(3.) There is no dispute that the petitioners are handicapped persons, eligible for allotment of shops of the Municipal Corporation, Coimbatore. Before considering the claim of the petitioners, it is relevant to refer the earlier writ petition filed by the Physically Handicapped Rehabilitation Association through its President A.M. Haniffa. The said Association filed W.P.No.2674 of 1991, for issuance of mandamus directing the first respondent- Commissioner Corporation of Coimabtore to allot Shop Nos.5 to 9, constructed on the western side of the public convenience at Gandhipuram Town Bus Stand, Coimbatore to the members of the petitioner Association. After hearing both parties, this Court, directed the first respondent - Corporation to consider the claim of the members of the petitioner Association, if they were not already allotted shops by the Corporation. No doubt, in the said order, this Court also observed that, since the members of the petitioner Association are being handicapped persons, it is better for their livelihood, if they secure a shop within the bus stand, provided, shops are available. It is further seen that based on the said order dated 21.01.1997, a representation was made to the Commissioner, Corporation of Coimbatore on 08.09.1997. Since according to the petitioner therein, the direction issued by this Court on 21.01.1997 was not complied with, the Association filed Contempt petition No.509 of 1997. By order dated 08.01.1998, after referring all the factual details furnished by the Association as well as the Commissioner of Corporation, this Court dismissed the said contempt petition on 08.01.1998, with certain observations. In this regard, it is useful to refer the relevant portion from the order dated 08.01.1998.