ORDER :

(R. Mahadevan, J.)

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to take necessary steps to ensure the easy accessibility of all the tourism places in the State of Tamil Nadu for the person with disability in accordance with Chapter V, Section 29 of the Rights of Persons with Disabilities Act, 2016 especially Tirunelveli - Coutrallam Water Falls to participate in the recreational activities in accordance with law within the time stipulated by this Court.)

1. The petitioner has preferred this writ petition in the nature of public interest litigation seeking a direction to the respondents to take necessary steps to ensure the easy accessibility of all the tourist places, especially Coutrallam Water Falls in Tirunelveli, State of Tamil Nadu, for the persons with disability, in accordance with Section 29 under Chapter V of the Rights of Persons with Disabilities Act, 2016, (in short, "the RPwD Act, 2016") within a time frame to be stipulated by this Court.

2. According to the petitioner, he is a physically challenged person and his lower limbs were afflicted due to inappropriate intramuscular injections administered for poliomyelitis, as a result of which, he could walk only with the help of two auxiliary crutches. One day, he got a chance to visit Coutrallam in Tirunelveli District, where his friends had enjoyed in the water falls after therapeutic body massage with herbal oil. His body muscle required such a therapeutic oil bath in the water falls to get relief from discomfort caused by using crutches, but owing to his disablement, he was unable to access. The said incident prompted the petitioner to file this writ petition for the aforesaid relief, so that the persons like him should not suffer and experience the nature's bounty as any other able bodied persons.

3. It is the submission of the learned counsel for the petitioner that as per Section 29 of the RPwD Act, 2016, the Government and local authorities should take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others, but there are lacunas in implementing the enactment. The learned counsel further pointed out that the lack of safety measures and accessibility of the persons with disabilities to the waterfalls constitute gross negligence on the part of the Government and is discriminatory. Narrating the same, the petitioner submitted a representation dated 30.08.2018 to the respondent requesting to take necessary steps to ensure the easy accessibility of all the tourist places in the State, for the persons with disabilities, but the same has not been considered, till date. Therefore, the learned counsel prayed for appropriate direction to the respondent authorities in this regard.

4. On the other hand, the learned Government Pleader appearing for the respondents 1 and 2, at the outset, submitted that the Government has been treating the physically challenged persons on par with other persons and has recently, commenced the work for a permanent pathway for people with disabilities to enjoy the beauty and feel the sea at Marina beach and hence, there is no discrimination / denial, as alleged by the petitioner. It is also submitted that the Government would take necessary steps for easy accessibility of the tourist places in the State for the persons with disabilities, in accordance with the provisions of the RPwD Act, 2016.

5. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents 1 and 2 and also perused the materials available on record.

6. The relief sought in this public interest litigation is to direct the respondent authorities to ensure the easy accessibility of all the tourist places available in the state of Tamil Nadu, for the physically challenged persons.

7. At the first instance, it is pertinent to point out that