IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 14791 of 2011(Y) -------------------------- PETITIONERS: --------------- B.SANOOSI, WORKING AS LD TYPIST,O/O.THE EXECUTIVE ENGINEER MAJOR IRRIGATION DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,R/A.GOVT.N.G.O.QUARTERS, BLOCK NO.3/30,RAJEEV NAGAR, MELARANNORE, KARAMANA.P.O,TRIVANDRUM-695002 BY ADV. MR. K.P.SUJESH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1 2. DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-1 3. SECRETARY TO THE GOVERNMENT , PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1 BY SENIOR GOVERNMENT PLEADER MR. E. M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14791 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th October, 2011 JUDGMENT The petitioner employee, a physically disable person with 65% permanent disability, has approached this Court with the following prayers : i. issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to allot the petitioner a Government Quarters situated at the ground floor as expeditiously as possible. or ii. issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to allot the petitioner ground floor of a Government Quarters in the next available vacancy. iii. issue such other further reliefs as this Honourable Court deem fit and proper to grant in the circumstances of the case. 2. When the matter came up for consideration on 09.06.2011, the following interim order was passed: “The learned counsel for the petitioner submits that quarter Nos. A2, A20, C75 and B25 at Observatory Government NGO Quarters, Quarter No.6 at Nalanda at Nandancode and Quarter Nos. D3 and E3A at Nethaji Nagar, PMG Thiruvanathapuram are vacant quarters in the ground floor. The Government Pleader is directed to get instructions as to whether any of those quarters W.P. (C) No. 14791 of 2011 : 2 : vacant at present and whether they are ground floor quarters. If they are ground floor quarters, one of them shall be kept vacant until further orders in this writ petition.” 3. Subsequently, this Court passed another interim order on 31.08.2011 in the following terms: “This Court passed an interim order dated 09.06.2011 directing the respondents to keep vacant one of the ground floor quarters until further orders. Though this matter has come up for consideration a number of times, thereafter, so far no instruction was furnished to the learned Government Pleader as to whether any quarter is vacant or not. The petitioner and his spouse are physically disable persons having respectively, more than 65 % and 40 % if disability. It is taking into account the said fact this Court passed such an interim order. In the said circumstances, the respondents shall file an affidavit on or before 06.09.2011 as to why an order shall not be passed directing the respondents to allot any of the ground floor quarters mentioned in the interim order dated 09.06.2011”. 4. The second respondent has filed a counter affidavit, pointing out that the grievance of the petitioner to have alloted the quarters in ground floor of any of the buildings as mentioned in the writ petition has already been considered by the concerned respondent and the Executive Engineer, PWD (Building Division) had informed vide letter No. AB4/1477/2011 that the vacant quarter available under the control of the Government in the ground floor will be allotted to the petitioner. W.P. (C) No. 14791 of 2011 : 3 : It is stated paragraph 3 of the counter affidavit in the following terms : 3. The Government have taken vigorous steps for find out a suitable quarter especially for a disabled person. It is stated that now a suitable quarter in the ground floor is available and the respondents are ready to provide a suitable quarters especially in the ground floor No. B 25 in kept vacant as per the order A7 36023/11/2 dated 19.08.2011 by the second respondent. 5. In view of the said statement in the affidavit dated 20.10.11 that the quarter bearing No. B 25 in the ground floor of the building concerned is kept vacant to be allotted to the petitioner, the Writ Petition is closed, directing the respondents to complete the steps for allotting the said quarter to the petitioner forthwith, at any rate, within four weeks from the date of receipt of a copy of this judgment. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd