R.Gokula Kannan v. The State Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI R.Gokula Kannan ... Petitioner Vs.
1.The State Commissioner for the Differently Abled, Commissionerate for the Welfare of the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005. Tamilnadu, India.
2.The Chief Executive Officer/ Member Secretary, Sport Development Authority of Tamilnadu, Jawaharlal Nehru Stadium, Raja Muthiah Road, Periyamet, Chennai - 600 003. Tamilnadu, India.
3.The Secretary General, Paralympic Committee of India, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011.
4.The President, Paralympic Committee of India, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011.
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5.The President, Wheelchair Fencing Federation of India, Mr.J.Chandrasekhar, No.32, 1st Cross, 7th Phase, JP Nagar, Puttenahalli, Bengaluru - 560 078.
6.The President, Tamilnadu Wheelchair Fencing Federation, S.Nooruddin, No.2, Magimal Doss Street, Walajabadi, Kanchipuram District, Tamilnadu, Pincode-631638.
7.The President, Wheelchair Fencing Association of Haryana, Registered office : 622, Sector 13 Extension, Karnal, Haryana.
8.The Secretary, Wheelchair Fencing Federation of India, Mr.Venkateshwaram, No.79, Saidapet Road, (Near Sivan Koil), Vadapalani, Chennai - 600 026.
9.The Secretary, Tamilnadu Wheelchair Fencing Federation, Dr.J.Joseph, No.2, Magimal Doss Street, Walajabad, Kanchipuram District, Tamilnadu Pincode 631638.
10.The Secretary, Wheelchair Fencing Association of Haryana, Registered office, 622, Sector 13, Extension Karnal, Haryana.
... Respondents Page No.2 of 8
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 08.03.2023. For Petitioner : Mr.J.Sudhakaran For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader [R1 & R2]
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 1 to 5 to consider the petitioner's representation dated 08.03.2023.
2. The case of the petitioner is that the petitioner is a physically challenged person affected by Muscular dystrophy and he is using wheelchair for his day to day activities. The Tamil Nadu Wheelchair Fencing Federation announced 14th State Wheelchair Fencing Championship and the petitioner is fit to participate in that competition. However, he was denied to participate in the said competition. Hence, the petitioner made a representation before the respondents on 08.03.2023. Since the same was not considered, the present writ petition is filed Page No.3 of 8
before this Court.
3. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 08.03.2023 for participation in the future competitions and pass appropriate orders within a time frame that may be fixed by this Court.
4. The learned Special Government Pleader appearing for the respondents 1 and 2 submits has no objection for the said order being passed.
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 08.03.2023 and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order.
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6. With the above directions, this Writ Petition is disposed of. No costs.
30.03.2023 Index : Yes / No Speaking order / Non-speaking order sp Page No.5 of 8
To 1.The State Commissioner for the Differently Abled, Commissionerate for the Welfare of the Differently Abled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005. Tamilnadu, India.
2.The Chief Executive Officer/ Member Secretary, Sport Development Authority of Tamilnadu, Jawaharlal Nehru Stadium, Raja Muthiah Road, Periyamet, Chennai - 600 003. Tamilnadu, India.
3.The Secretary General, Paralympic Committee of India, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011.
4.The President, Paralympic Committee of India, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011.
5.The President, Wheelchair Fencing Federation of India, Mr.J.Chandrasekhar, No.32, 1st Cross, 7th Phase, JP Nagar, Puttenahalli, Bengaluru - 560 078.
6.The President, Tamilnadu Wheelchair Fencing Federation, S.Nooruddin, No.2, Magimal Doss Street, Walajabadi, Kanchipuram District, Tamilnadu, Pincode-631638.
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7.The President, Wheelchair Fencing Association of Haryana, Registered office : 622, Sector 13 Extension, Karnal, Haryana.
8.The Secretary, Wheelchair Fencing Federation of India, Mr.Venkateshwaram, No.79, Saidapet Road, (Near Sivan Koil), Vadapalani, Chennai - 600 026.
9.The Secretary, Tamilnadu Wheelchair Fencing Federation, Dr.J.Joseph, No.2, Magimal Doss Street, Walajabad, Kanchipuram District, Tamilnadu Pincode 631638.
10.The Secretary, Wheelchair Fencing Association of Haryana, Registered office, 622, Sector 13, Extension Karnal, Haryana.
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M.DHANDAPANI, J.
sp 30.03.2023 Page No.8 of 8