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Tamil Nadu
MADURAI: It is the duty as well as statutory obligation of the governments and local bodies to formulate schemes for rehabilitating the physically challenged, the Madras High Court Bench here said on Wednesday. Disposing of a writ petition seeking renewal of a telephone booth licence issued by the Dindigul Municipality to a visually impaired, Justice P. Jyothimani said that the court exercising writ jurisdiction could not give a positive direction to the officials concerned to frame such schemes. Nevertheless, the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 mandates the Government to devise schemes ensuring education and employment to the physically challenged. “As a welfare state, the authorities are expected to follow the same,” he said. “In the present global atmosphere, human rights is one of the important topics being discussed everywhere. The Act was passed by the Central Government as India happens to be one of the principal signatories to the human rights treaties,” Mr. Justice Jyothimani observed. Finally, the Judge directed the Municipal Commissioner to consider the case of the petitioner in accordance with law and provide rehabilitation to him. “It shall certainly be a standing example for other local authorities,” he said and ordered to complete the process within 12 weeks. The petitioner, M. Mohammed Mujammil, said that he was initially granted licence to set up a telephone booth at Dindigul bus stand between 2004 and 2007. There was an eviction drive inside the bus stand in 2005. He approached the High Court and obtained an interim stay. However, the petition was dismissed after two years and the booth was evicted on February 19, 2007. The petitioner gave a representation to the Municipality to renew his licence and filed the present writ petition. In its reply, the Municipal commissioner claimed the petitioner had voluntarily surrendered the booth to the local body.
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