Case Note & Summary
The petitioner, A.Chinnaraja, claiming to be a disabled person, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. He sought a writ of mandamus directing the District Collector, Madurai (first respondent) to grant a license and permit him to continue his petty shop near the Madurai Bus Stop Shelters of Usilampatti Town. The petitioner relied on a disability certificate dated 29.5.2014 issued by the District Differently Abled Welfare Officer (second respondent) and a representation dated 28.7.2022. The petitioner had put up a petty shop in the year 2021 and applied for a license to run it at the same place. The respondents, including the District Collector, District Differently Abled Welfare Officer, Tahsildar, Commissioner of Usilampatti Municipality, Executive Engineer of Public Works Department, and Assistant Engineer of Highways Department, opposed the petition. The fifth respondent (Executive Engineer, PWD) filed a counter affidavit stating that the petitioner had encroached upon a portion of property in Survey No.231/1 situated at Usilampatti Town, which is described as a water body. The court, after hearing the learned counsel for the petitioner (Mr.S.P.Naveenkumar) and the Special Government Pleader for respondents 1 to 3 (Mr.D.Gandhiraj), and perusing the materials, observed that the petitioner was an encroacher on a water body. The court held that no permission or license can be granted to run a petty shop on such property. The disability certificate does not confer any right to encroach upon public property or a water body. Consequently, the writ petition was dismissed. No costs. The connected miscellaneous petitions were closed.
Headnote
A) Right to Livelihood - Encroachment on Water Body - Disability Rights - The petitioner, a disabled person, sought a license to run a petty shop on a property that was a water body. The court held that no permission or license can be granted to run a shop on encroached water body land, and the disability certificate does not confer any right to encroach upon public property. (Paras 3-4)
Issue of Consideration
Whether a disabled person can claim a right to obtain a license to run a petty shop on a property that is a water body and has been encroached upon.
Final Decision
Writ petition dismissed. No costs. Connected miscellaneous petitions are closed.
Law Points
- Right to livelihood under Article 21 does not extend to encroachment on public property or water bodies
- Disability certificate does not confer right to occupy public land without authorization
- No vested right to carry on business on encroached land
