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2020 Supreme(Ker) 794

S.MANIKUMAR, SHAJI P.CHALY
P. A. Mary Anitha – Appellant
Versus
Corporation of Kochi, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. M.A.Vaheeda Babu, Smt. Amrin Fathima, Sri. Avinash P Raveendran, Sri. K.M.Faisal (Kalamassery), Sri. Rahul Roy, Sri. P.U.Vinod Kumar, Advs.
For the Respondent: Sri. Joseph K.L., SC, Smt. Sareena George, SC, Sri. Aravinda Kumar Babu, Sr. Government Pleader, Sri. K.Jaju Babu (Sr.), Smt. M.U.Vijayalakshmi, SC, K.Jaju Babu (Sr.), Smt. M.U.Vijayalakshmi, Adv.

JUDGMENT :

SHAJI P. CHALY, J.

This is a Public Interest Litigation filed by the Chairperson of an NGO namely Centre for Empowerment and Enrichment (CEFEE). According to the petitioner, she volunteers and aims primarily to enable differently abled children to come up to the limelight of the society and to live in dignity in the society. As is evident from Ext.P2, CEFEE had functioned as the Nodal Agency of District Administration, Ernakulam for its project “Jyothi Educational Project”, 2015 and 2017. In this writ petition, the petitioner espouses the hardships, inconvenience, dangers and threats to the life frequently faced and confronted by differently abled children, men and women, due to the lack of safe and proper footpaths and allied facilities within the area of the Corporation of Kochi, the first respondent herein.

2. The case projected by the petitioner is that the Corporation of Kochi as well as the Public Works Department and their Nodal Agencies have the duty and the responsibility to ensure that the differently abled people are able to enjoy their rights to walk freely and fearlessly within the limits of Kochi city by providing safe and hindrance free footpaths to access th

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