LAWS(MAD)-2008-6-601

M. MOHAMMED MUJAMMIL Vs. THE DISTRICT COLLECTOR, DINDUGAL.

Decided On June 13, 2008
M. Mohammed Mujammil Appellant
V/S
The District Collector, Dindugal. Respondents

JUDGEMENT

(1.) THE writ petitioner is a physically challenged handicapped person. After completing the 10th Std., he was not able to continue his education further due to the financial constraints. The disability is lack of eye sight in the right eye, now he is stated to have lost sight in both the eyes.

(2.) ON the petitioner approaching the second respondent, the second respondent Municipality by its Order dated 2.12.2004 has granted license to the petitioner to run STD booth in a space allotted to the extent of 8 x 8 feet for a period of 3 years. A reference to the said order of the second respondent dated 2.12.2004 makes it clear that the allotment was specially made on the ground that the petitioner is a physically handicapped person. It is based on the said allotment, the petitioner had been running a STD booth in the space provided in Kamaraj Bus stand, Dindugal.

(3.) THE case of the petitioner is that in furtherance of a drive by the Municipality to evict persons in unauthorized occupation in public places, there was a threat on 30.3.2005. In fact, during that time, the petitioner's license to run the STD booth was in existence, since his license was given for 3 years from 2.12.2004 which has expired on 2.12.2007. The petitioner has approached this Court by filing W.P.No.2752 of 2005 and there was an interim order passed by this Court, based on which the petitioner continued to run the STD Booth. However, the writ petition came to be dismissed on 19.2.2007 for non -appearance of the petitioner's counsel and taking advantage of the same on the very same day the cabin of the petitioner was removed. Under these circumstances, the petitioner has made representation to the second respondent to renew the licence granted to him and that representation was on 15.11.2007. It is to consider the representation of the said person, the writ petition is filed.