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2012 DIGILAW 2100 (MAD)

National Federation of the Blind Tiruchi v. District Collector Tiruchi

2012-04-26

S.MANIKUMAR

body2012
Judgment :- 1. National Federation of the Blind, Trichy Branch, represented by its President, has sought for a writ of mandamus directing the District Collector, Trichy to allot a site under section 43 of, The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995 and as per G.O.Ms.No.182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, and for further orders. 2. As per the averments, the petitioner Federation, is a self-help movement run by differently abled persons, well spread to the grossroot level, with an object for the welfare of the visually impaired. Its Trichy Branch was started on 16.09.1979. According to the petitioner Federation, land in T.S.No.69, Ward E, Block 7, measuring 2400 sq.ft. was allotted to the Federation, for the purpose of having their office and conducting training programmes, vide resolution of the Municipal Council, Trichirapalli, in Resolution No.764 dated 13.08.1988. According to the petitioner Federation, they are in possession of the land and that they have also put up a shed for imparting training in recanning of chairs for the members of the Association, visually impaired. 3. It is the further contention of the petitioner that though representations were made to the respondents, requesting them to fix the terms of the lease, there was no response. Temporary sheds were erected for the purpose of conducting training for the visually impaired. While the petitioner Federation was conducting programmes and welfare activities for training the visually impaired, to bring them to main stream in the matter of employment, and to get equal opportunities, without any prior notice, the Municipal authorities came to the site and forcibly removed the shed put up by the petitioner Federation, which is a non-profitable organisation, working for the upliftment of the visually impaired, run by the visually impaired, for the visually impaired. 4. It is the further case of the Federation that though the government in G.O.Ms.No.182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, have ordered for allotment of free sites, for organisations working for persons with disabilities, the District Collector, has not taken any steps, as per the directions of the Government. 4. It is the further case of the Federation that though the government in G.O.Ms.No.182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, have ordered for allotment of free sites, for organisations working for persons with disabilities, the District Collector, has not taken any steps, as per the directions of the Government. In addition to the above, learned counsel for the petitioner, who himself is visually impaired, has also brought to the notice of this Court that, Section 43 of The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, and submitted that the government and the local authorities have a statutory duty and obligation to provide lands on preferential basis, on concessional rates, for -- (a) House; (b) Setting up business; (c) Setting up of special recreation centres; (d) Establishment of special schools; (e) Establishment of research centres; (f) Establishment of factories by entrepreneurs with disabilities." 5. It is his further contention that despite the statutory obligation, under the beneficial legislation, the respondents have neither come forward to grant lease in favour of the petitioner Federation or allot site at a concessional rate, for the purpose of providing training to the visually impaired. According to the learned counsel, there is a violation of a statutory duty and in the above said circumstances, sought for a Mandamus. 6. The Commissioner, Tiruchirapalli City Corporation in his counter affidavit, he has submitted that earlier, the Tahsildar, Trichy, in his letter No.A.1/2097/87 dated 12.10.87 had suggested to allot a site in Ward E, Block 7, T.S. No.65 measuring 165 sq.m. on a long term lease basis, instead of a site already proposed in Ward E, Block 7, T.S. No.69. As per survey records, it has been classified as "Government Poramboke, Municipal Park". The subject was placed before the council along with the remarks of the Tahsildar in the Municipal Council on 31.08.1988. The Council in its Resolution No.764 dated 31.08.1988 resolved to accord approval, subject to the provisions of the Act and the rules. Subsequently, on 07.08.1991, it was decided to consider allotment of 2500 sq.ft. in T.S. No.69, under long term lease basis, by sending suitable proposals to the District Collector, subject to the rules and regulations. 7. The Council in its Resolution No.764 dated 31.08.1988 resolved to accord approval, subject to the provisions of the Act and the rules. Subsequently, on 07.08.1991, it was decided to consider allotment of 2500 sq.ft. in T.S. No.69, under long term lease basis, by sending suitable proposals to the District Collector, subject to the rules and regulations. 7. It is further submitted that, as per the Municipal Manual Volume II Rule 4.93, immovable property, vested in the Corporation, but not belonging to the Corporation, other than road sites, and street margins, can be leased out by the Municipal Council, on conditions, subject to which, the property vested to the Municipal Council are not contravened and that the period of lease should not exceed 12 months. According to the Commissioner, lease cannot be made without the prior sanction of the District Collector. It is also submitted that the lessee should not be permitted to put up any building or Structure in the property, without prior permission of the District Collector. According to the Commissioner, Trichy City Corporation, the shed put up by the Federation was unauthorised. 8. According to the Commissioner, as per the Council's Resolution No.834 dated 7.8.1991 according approval for lease, all rules and regulations have to be followed in letting out the site, on long lease basis, only with the prior approval ofthe District Collector. It is also submitted that when the Corporation had taken a policy decision, regarding all unauthorised encroachments, within the Corporation limits and to evict them uniformly, and when there was no specific orders given to the Federation to take possession of the land measuring 2400 sq.ft. in T.S. No.69, Vannarapettai, Puthur, Trichy, encroachments were removed. It is also submitted that the District Collector is the competent authority and without his sanction, possession of the land by the petitioner Federation, cannot be said to be legal. 9. The Commissioner, Tiruchirapalli City Corporation has contended that the statement of the petitioner Federation in the writ petition that the members have switched over to other trades like, recanning and for the said purpose, the Association has erected a shed, has been made for the sole purpose of claiming right of enjoyment of the property. Since the petitioner Federation was not issued with any specific orders, the structures were removed. Since the petitioner Federation was not issued with any specific orders, the structures were removed. According to the fourth respondent, Commissioner Trichy Corporation, mere resolution passed by the council for considering leasing out of a site, on long term lease basis, would not confer any right and that the petitioner Federation cannot take any advantage for continuing of possession and enjoyment of the land. 10. Though no counter affidavit has been filed by the District Collector and other official respondents 1 to 5, learned Additional Government Pleader on instructions submitted that in Trichy District, as on today, no land has been allotted to any non-governmental organisation, for setting up any home or orphanage for the Aged, Destitute and Disabled and for Children. Inviting the attention of this Court to G.O.Ms.No.182 Social Welfare and Nutritious Meal Department, learned Additional Government Pleader further submitted that as per the G.O., the District Collector has been delegated with the powers of allotment of lands, if only, there is any request for setting up a Home or Orphanage for the above said persons and not for setting up any training centre. According to him, the Government in the above said G.O., have issued instructions to select suitable non-governmental organisations, and empowered the Commissioner, Tamil Nadu Social Welfare Board; Commissioner Mentally Disabled Department, The Director of Social Welfare Department; Tamil Nadu Social Board and Women Development Corporation to prepare the norms for fixing the eligibility criteria and send it to the Government. He also submitted that in so far as, City and urban (Prohibited) areas, allotment of lands to non-governmental organisations has to be decided only by the Government and that, neither the District Collector nor the Commissioner of Municipal Administration is competent to issue any allotment orders. In the above said circumstances, learned Additional Government Pleader submitted that no mandamus or direction can be issued against the respondents and accordingly prayed for dismissal of the writ petition. 11. Earlier, when the matter came up for hearing, Mr. P.Srinivas, learned counsel for the Commissioner, Trichy City Corporation submitted that as on today, no land has been allotted to any non-governmental organisation for developmental activities that are covered under G.O.Ms.No.182 Social Welfare and Nutritious Meal Department. His submission is placed on record. 12. Heard the learned counsel for the parties and perused the materials available on record. 13. P.Srinivas, learned counsel for the Commissioner, Trichy City Corporation submitted that as on today, no land has been allotted to any non-governmental organisation for developmental activities that are covered under G.O.Ms.No.182 Social Welfare and Nutritious Meal Department. His submission is placed on record. 12. Heard the learned counsel for the parties and perused the materials available on record. 13. Before considering the rival contentions of the parties, with reference to the relief sought for in the writ petition, this Court deems it fit to consider the 'Statement of Objects and Reasons' of perusing The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act 1 of 1996, which are as follows :- 'Statement of Objects and Reasons' : (i) To spell out the responsibility of the State towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities; (ii) To create barrier free environment for persons with disabilities; (iii) To remove any discrimination against persons with disabilities in the sharing of development benefits, vis-a-vis, non-disabled persons; (iv) To counteract any situation of the abuse and the exploitation of persons with disabilities; (v) To lay down a strategies for comprehensive development of programmes and services and equalisation of opportunities for persons with disabilities; and (vi) To make special provision for the integration of persons with disabilities into the social mainstream.' 14. The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, came into force on 07.02.1996. The relevant sections for the purpose of adjudicating the issues, in this writ petition are: '38. Schemes for ensuring employment of persons with disabilities - (1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for- 1. The training and welfare of persons with disabilities; 2. The relaxation of upper age limit; 3. Regulating the employment; 4. Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed; 5. The manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and 6. Constituting the authority responsible for the administration of the scheme. 48. Research – The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas- 1. Prevention of disability; 2. The manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and 6. Constituting the authority responsible for the administration of the scheme. 48. Research – The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas- 1. Prevention of disability; 2. Rehabilitation including community based rehabilitation; 3. Development of assistive devices including their psycho-social aspects; 4. Job identification; 5. On site modifications in offices and factories. 61. Powers of the Commissioner - The Commissioner within the State shall - 1. Co-ordinate with the departments of the State Government for the programmes and schemes, for the benefit of persons with disabilities; 2. Monitor the utilization of funds disbursed by the State Government; 3. Take steps to safeguard the rights and facilities made available to persons with disabilities; 4. Submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner. 62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities -Without prejudice to the provisions of section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to - (a) Deprivation of rights of persons with disabilities; (c) Non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, and take up the matter with the appropriate authorities.' 15. Reverting back to the case on hand, National Federation of the blind, (visually impaired), Tamil Nadu, has been registered in the year 1960. The Objects of the Association are, 1. To strive for equality of opportunity for the blind in their education, training and employment. 2. To stimulate the provision of remuneration employment for the blind in all occupations which they can successfully practise. 3. To explore new avenues of employment for the blind. 4. To promote the production and distribution of educational and recreational materials to the blind in all available media. 5. To promote the education of the blind in the light of modern and practicable concepts. 6. 3. To explore new avenues of employment for the blind. 4. To promote the production and distribution of educational and recreational materials to the blind in all available media. 5. To promote the education of the blind in the light of modern and practicable concepts. 6. To undertake or promote public education with a view to disseminating information to the public at large regarding the potential of the blind as students, workers and citizens. 7. To establish, sponsor or collaborate with other agencies in establishing organisations, Institutions or service in fulfilment of any or all the above objectives. 8. To undertake or promote research designed to stimulate progress in any aspect of the rehabilitation of the blind. 9. To co-operate with local, national and international agencies having objectives similar to those of Federation, or with like mined individuals for such purpose as the Federation may deem fit. 10. To acquire, sell, mortgage or dispose in any fashion such property as may be considered necessary or expedient for the efficient functioning of the Federation. 11. To establish branches in any part of the Union of India on such terms as the Federation may decide from time to time. 12. To raise funds by subscription, donations, grants-in-aid, bequests or in any other form that the Federation considers appropriate provided that such methods of fund raising does not contravene any provision of the law in enforce for the time being. 13. To do such other things as are incidental or conducive to the achievement of any or all above the objectives. 16. By proceedings in F.Na.Ka. No.36037/88 dated 20.09.1988, the then Municipal Commissioner, Trichy has addressed a letter to the Tahsildar, Trichy Division, intimating the Council's decision to allot lands to the petitioner Federation. He has also enclosed the request of the petitioner and the Council's Resolution. Though the said letter has been sent by the Commissioner, Trichy City, as early as on 20.09.1988, the counter affidavit of the fourth respondent does not disclose, as to what steps were taken by the District Collector, for allotting the said land, on long term lease basis. He has also enclosed the request of the petitioner and the Council's Resolution. Though the said letter has been sent by the Commissioner, Trichy City, as early as on 20.09.1988, the counter affidavit of the fourth respondent does not disclose, as to what steps were taken by the District Collector, for allotting the said land, on long term lease basis. After three years, in Mu.Mu.No.5866/89/A10 dated 18.01.1991, the Tahsildar, Trichy has addressed a letter to the General Secretary, National Federation for Blind, (visually impaired), Trichy stating that in so far as the land in T.S. No.65 is concerned, there is a Municipal Employees quarters, for which a resolution No.764 has already been passed by the Muncipal Council and that T.S. No.69 alone is vacant. The Tahsildar has directed the General Secretary of the Federation to obtain a copy of the resolution passed by the Municipal Council, to allot land in T.S. No.69. He has also sent a copy of the said letter to the Municipal Commissioner, Tiruchirapalli. Pursuant to the above said letter, the petitioner Federation has submitted a letter dated 21.2.1991, to allot land in T.S. No.69, on long term lease basis, since in the land sought to be allotted earlier, i.e., in T.S. No.65 there is a residential quarters for Municipal Employees. The Municipal Council, by its resolution No.834 dated 07.08.1991 has decided to allot land in T.S. No.69, Ward E, Block- 7, measuring 2400 sq.ft. on long term lease basis, subject to statutory provisions. The Council has also decided to send a proposal to the District Collector. Accordingly, after passing necessary resolution, the Commissioner, Trichy along with his letter No.F4/Na.Ka. No.7713/91 dated 30.08.1991 has sent a copy of the resolution to the Tahsildar, Trichy Division. Nothing has happened for many years. When the federation has approached the Revenue Divisional Officer, Trichy, by its Petition No.7848/98 dated 10.08.1998, the Revenue Divisional Officer, Trichy, vide proceedings dated 29.08.1998, has forwarded the petition to the Tahsildar, Trichy, to take appropriate action on the petition and to furnish the action taken report to the District Collector, and also to the office of the Revenue Divisional Officer. The Federation has also been requested to contact the Tahsildar, Trichy. 17. The Federation has also been requested to contact the Tahsildar, Trichy. 17. Perusal of the proceedings dated 27.10.1998, of the Revenue Divisional Officer, Trichy, shows that once again the Federation has made a representation on 26.10.1998 and that the Special Tahsildar, Public Grievance Cell, Trichy Collectorate, Trichy, has been directed to send suitable proposals for allotment of land, on long terms lease basis. The Revenue Divisional Officer, Trichy, has also stated that after the receipt of the proposals from the Tahsildar, Trichy, the same would be forwarded to the District Collector, and appropriate action, would be taken. Though the Tahsildar and the Revenue Divisional Officer have extended promises that appropriate action would be taken, and that even though the writ petition is pending for nearly 12 years, no counter affidavit and materials have been filed before this Court to show as to whether the District Collector, Trichy District, or the Revenue Divisional Officer, Trichy District, or the Tahsildar, Trichy District, respondents 1 to 3 respectively, have taken any further action on the petition submitted by the federation. 18. Statute mandates that the appropriate Governments and the local authorities, by notification, formulate schemes for ensuring employment of persons with disabilities and that the schemes inter alia may provide for training and welfare of persons with disabilities. The appropriate Government and local authorities should also provide the manner in which and the persons by whom, the cost of operating the schemes has to be defrayed. 19. As per Section 43 of the Act, the appropriate Government and the local authorities shall by notification, frame schemes in favour of persons with disabilities, for the preferential allotment of land, at concessional rates for, (a) House; (b) Setting up business; (c) Setting up of special recreation centres; (d) Establishment of research centres; (e) Establishment of factories by entrepreneurs with disabilities. 20. During the course of hearing, Mr.B.Vijayakumar, learned counsel for the petitioner's federation, submitted that in Trichy District, only one Government institute alone is functioning, imparting education. It is admitted by the learned counsel appearing for the respondents that as on today, no land has been allotted on preferential basis to any one of the non Governmental organisations or even to the association formed by the differently abled persons for themselves. It is admitted by the learned counsel appearing for the respondents that as on today, no land has been allotted on preferential basis to any one of the non Governmental organisations or even to the association formed by the differently abled persons for themselves. The contention of the Learned Additional Government Pleader that G.O.Ms.No.182, Social Welfare and Nutritious Meal Programme Department, dated 04.12.2002, is not applicable to the facts of this case, for the reason that it is only for setting up of home or orphanages for differently abled, destitutes and for children and that it does not confer any preferential right to the petitioner's Federation, to seek for allotment of land, as a matter of right for setting up a training institution, cannot be countenanced, for the reason, that on a conjoint reading of Sections 38 and 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, it is the statutory duty and obligation of the appropriate Government and local authorities to frame and notify schemes for ensuring employment to persons with disabilities. A visually impaired person cannot be expected to do all jobs and that the Federation being formed by the visually impaired, for the such persons and run by the visually impaired, would be in a better position than others regarding the trade or the job, which they can perform on par with abled persons. Of course, the disabled can be engaged in other trades also. But, due to less employment opportunities, they have switched over to recanning and other skilled works. When lands can be permanently given for the purpose of put up house, business, special recreation centres, and for other purposes stated in Section 43 of the Act, this Court is unable to understand as to why an objection should be made, for grant of land on long term lease basis. The objections are not in the form of any counter affidavit. On the contra, the Municipal Council has already passed a resolution to allot the lands and in such circumstances, this Court is not inclined to subscribe to the arguments of the Learned Additional Government Pleader. 21. The objections are not in the form of any counter affidavit. On the contra, the Municipal Council has already passed a resolution to allot the lands and in such circumstances, this Court is not inclined to subscribe to the arguments of the Learned Additional Government Pleader. 21. In places, where the Government have not established any centres for training for the welfare of the persons with disabilities, issued orders granting lands for setting up houses or for business then, this Court is of the view that the legal and statutory rights of the differently abled can be asserted and sought enforced through Court of law and in such circumstances, when they approach the superior Courts, for equitable remedy, under Article 226 of the Constitution of India, such technical objections that the Government Order is meant only for allotment of land for the purpose of setting up of home or orphanages, and that the same cannot be invoked for granting land on long term basis, for training centres cannot be entertained. Though the Learned Additional Government Pleader has submitted that for the purpose of framing guidelines in the matter of allotment of lands to non Governmental organisations, the Rehabilitation Commissioner, the Director, Social Defence, Tamil Nadu Social Welfare Board and Women Development Corporation, have been directed to frame the guidelines, according to the need of the department and to send the same to the Government, no materials have been placed before this Court, as to whether any guidelines have been framed. From 2002, no land has been allotted to any non Governmental organisation in Trichy District and therefore, it is evident that the Government Order has not been given effect at all. 22. The object of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is to provide education, training, medical care and rehabilitation of persons with disabilities; to create barrier free environment for persons with disabilities; to remove any discrimination against persons with disabilities in the sharing of development benefits, vis-a-vis non disabled persons; to counteract any situation of the abuse and the exploitation of persons with disabilities; to lay down a strategy for comprehensive development of programmes and services and equalisation of opportunities for persons with disabilities; and to make special provision of the integration of persons with disabilities into the social mainstream. 23. 23. Though the petitioner's federation in its affidavit has submitted that as there was a ban of sale of lottery tickets, members of the petitioner's association have switched over to other trades like, recanning and for that purpose, the association have erected temporary sheds, it is unfortunate that the Commissioner, Trichirapalli City Corporation, has commented upon the same as fabrication and indirectly claiming right over the lands, according to the whims and fancies of the organisation. May be the petitioner's federation has not been issued with appropriate order for a long term lease, but the fact that Trichirapalli Municipal Council had already passed a resolution on 7.08.1991 in Resolution No.834, to allot 2400 Sq.ft. in Town Survey No.69, Plot Nos.7 and 8, and by letter dated 30.08.1991, the Commissioner, Trichy, has addressed the Tahsildar, Trichirapalli, for appropriate action, cannot be disputed. 24. Material on record also shows that for nearly seven years, there was no proper action on the part of the revenue authorities, respondents 1 to 3 respectively, and that therefore, the federation seemed to have submitted a petition No.7848/98 dated 10.08.1998, to the Revenue Divisional Officer, Trichirapalli, who had simply forwarded the same to the Tahsildar, Trichy, for appropriate action. He has directed the Tahsildar to send a report to him, as well as to the District Collector. Provisions of the statute mandate that it is for the appropriate Government and local authorities to take all possible steps to formulate schemes, notify and effectuate towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities and for such other objects, stated supra, and in the abovesaid context, the Revenue Divisional Officer, Trichy, himself ought to have followed up the action on the representation dated 10.08.1998, instead of simply forwarding the same to the Tahsildar, Trichy. 25. Nevertheless, when the Federation has submitted another representation dated 26.10.1998, the Revenue Divisional Officer, Trichy, by proceedings dated 27.10.1998, has informed the petitioner that the said appeal petition has been forwarded to the Tahsildar, Trichy, to send proposals for execution of a long term lease and after receiving the same, it would be forwarded to the District Collector, Trichy, for appropriate orders. It is evident from the material on record and also on perusal of the counter affidavit filed by the Commissioner, Trichirapalli City Corporation, that no steps have been taken at his end to execute a lease deed on a long term basis. At this juncture, this Court also expresses its deep anguish over the remarks made by the Commissioner, Trichirapalli City Corporation, who has forgotten to discharge his statutory duties, as per the statute and has even removed the temporary sheds put up by them, contrary to many decisions of the courts. 26. Though the Commissioner, Trichirapalli City Corporation, at paragraph 9 of the counter affidavit, has described the erection of the shed as fabrication, quite contrary to the same, at paragraph 11 of the affidavit, he has chosen to admit that the structures were removed, as they were unauthorised. Neither the District Collector, nor the Commissioner, Trichirapalli City Corporation, have taken appropriate steps to provide land or enter into a long term lease, so as to enable the petitioner's federation to impart training to the visually impaired. 27. As stated supra, the petitioner's federation is for the visually impaired run by such persons and that the lands sought for, are not for any commercial activity. When the statute envisages formulation of schemes and preferential allotment of lands for house; setting up business; setting up of special recreation centres, etc., and once the corporation has resolved to allot 2400 Sq.ft.in in Town Survey No.69, Plot Nos.7 and 8 in the year 1991, the authorities themselves ought to have taken up the issue promptly and executed a long term lease, subject to the terms and conditions, the provisions of the statute, instead of driving the petitioner's federation to move this Court. For nearly 10 years, they have not taken any action. In the abovesaid circumstances, a) There shall be a direction to the respondents to give effect to the Council's Resolution No.834 dated 7.08.1991 and execute a long terms lease with the petitioner's federation, subject to terms and conditions, as per the provisions of the statute on concessional rate. The said exercise shall be done within three months from the date of receipt of a copy of this order. The said exercise shall be done within three months from the date of receipt of a copy of this order. b) Insofar as the allotment of lands, as per G.O.Ms.No.182, Social Welfare and Nutritious Meal Programme Department, dated 04.12.2002, is concerned the federation is at liberty to make a representation to the District Collector, Trichy District, 1st respondent herein, and to the State Government, to allot the same lands to them, for continuation of the training and other welfare programmes, as per the bye-laws. If any representation is made, the respondents or the appropriate Government, shall consider the same in accordance with the objects of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in letter and spirit, and give effect to G.O.Ms.No.182, Social Welfare and Nutritious Meal Programme Department, dated 04.12.2002, without raising any technical objections. The representation shall be submitted within two weeks from the date of receipt of a copy of this order and on receipt of the same, the State Government and the District Collect shall act with empathy. The members of the differently abled persons do not expect any sympathy from others, but at the same time, their statutory right should be protected. 28. Before parting with this case, this Court sincerely hopes that empathy, good conscience and equity would be considered, while taking appropriate decision, on the request of the petitioner's federation, for allotment of lands, if any made, as per G.O.Ms.No.182, Social Welfare and Nutritious Meal Programme Department, dated 04.12.2002. The appropriate Government shall dispose of the representation, if any received in this regard, within three months from the date of receipt of the representation. 29. In the result, the writ petition is disposed of. W.P.M.P. No.30792 of 2003 is closed. No costs.