IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 1172 of 2009(M) ------------------------- PETITIONER(S): --------------- 1. ABDUL GIFILE.V.S., 31 YEARS, S/O.SULAIMAN, RESIDING AT MULLASERI HOUSE, KOTTAPPURAM, KARIPOOR P.O., NEDUMANGAD, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): --------------- 1. THE GOVERNMENT OF KERALA REP. BY SECRETARY OF GOVERNMET, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE NEDUMANGAD MUNICIPALITY REP. BY ITS SECRETARY, NEDUMANGAD, TRIVANDRUM. R1 BY GOVT. PLEADER SRI.MATHEW VADAKKEL R2 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.1172/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE IDENTITY CARD ISSUED BY THE DISTRICT SOCIAL WELFARE OFFICER. EXT.P2: TRUE COPY OF THE CIRCULAR DATED 28.12.1985. EXT.P3: TRUE COPY OF THE REQUEST DATED 29.12.2008 TO THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE NOTIFICATION DATED 2.1.2009 PUBLISHED IN DESABHIMANI DAILY DATED 5.1.2009. RESPONDENT'S EXHIBITS: EXT.R2(a): TRUE COPY OF THE ABOVE CIRCULAR DATED 1.8.1990. EXT.R2(b): TRUE COPY OF NOTIFICATION DATED 2.1.09 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1172 OF 2009 ------------------------------------------- Dated this the 3rd day of July, 2009 JUDGMENT The petitioner claims that there ought to be a reservation for physically challenged persons in the matter of allotment of shop rooms by the Municipality. There is no legislative compulsion in that regard. There is also no such provision made by the Municipality in its auction guidelines or notice. The second respondent Municipality has filed a counter affidavit following order dated 15.1.2009. The petitioner did not also participate in the auction. I do not find any ground to interfere and to issue orders as sought for. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.7/7.