IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 10863 of 2008(S) ---------------------------------------------- PETITIONER: ------------------- SAJU.K.ABRAHAM, CHARTERED ACCOUNTANT, 39/4751A, M.G.ROAD, RAVIPURAM JN. COCHIN. BY ADV. SMT.K.LATHA RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE SALES TAX APPELLATE TRIBUNAL, COMMERCIAL TAX COMPLEX, THEVARA, ERNAKULAM. 3. COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. JOINT COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 5. CHIEF ENGINEER, ELECTRICAL INSPECTERATE, THIRUVANANTHAPURAM. 6. THE CORPORATION OF KOCHI, ERNAKULAM. 7. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 8. SECRETARY (TAXES), SECRETARIATE, THIRUVANANTHAPURAM. W.P.(C) NO.10863 OF 2008 - 2 - 9. SECRETARY (FINANCE), SECRETARIATE, THIRUVANANTHAPURAM. 10. DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. R1 TO R5 & R7 TO R10 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R6 BY ADV. SRI.S.RAMESH BABU, SC.COCHIN CORPN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.10863 of 2008 ------------------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT H.L.Dattu, C.J. A Chartered Accountant is before us in this public interest litigation, inter alia, seeking the following reliefs: “(i) To issue a Writ of Mandamus or an appropriate order or direction to the respondents to shift the offices in the 4th, 5th and 6th floors in the Commercial Tax Office Complex, Thevara, Ernakulam to some other place within specified period till arrangements to operate the lift properly is made. (ii) To issue a Declaration that lift facility in buildings above 3rd floor is a right of the citizen and its users and hence uninterrupted lift has to be mandatorily provided by the Government to all Government Offices functioning in and above the 3rd floor of any building. (iii) To issue a Writ of Mandamus or an appropriate order or Direction to the respondents to affix an appropriate generator to function the lift in the second respondent office building and not to operate the lift till providing such generator facility. W.P. (C) No.10863 of 2008 2 (iv) To issue a Writ of Mandamus or an appropriate order or direction to the respondents to replace the outdated lift within a specified period of time. (v) To issue a Writ of Mandamus or an appropriate order or direction to the respondents to affix a new second lift in the vacant place provided in the Commercial Tax Office Complex, Thevara, Ernakulam. (vi) To issue a Writ of Mandamus or an appropriate order or direction to the respondents to properly execute an annual maintenance contract for maintaining such lifts properly for ever. (vii) To grant such other and further relief which this Hon'ble Court may deem fit and proper in the circumstances of the case and to allow this Original petition.” 2. When the matter had been posted before Court for admission, we had directed Smt.K.Meera, learned Senior Government Pleader appearing for the State, to take notice and obtain appropriate instructions. 3. Now the matter is posted once over again today. Smt.K.Meera, learned Senior Government Pleader, has produced before us a letter received from the Secretary to Government dated 5.4.2008. W.P. (C) No.10863 of 2008 3 4. In the said letter they have stated as under: “Administrative Sanction has already been accorded for an amount of Rs.11.78 Lkahs for the installation of an additional passenger lift at Commercial Tax Complex, Ernakulam through M/s.KITCO. Ltd; vide Order No.B3-25204/07/CT. dated 17.08.2007 of Commissioner of Commercial Taxes, Thiruvananthapuram. Accordingly M/s.KITCO Ltd. has executed an agreement with M/s.Johnson Lifts. Pvt. Ltd. for the supply and installation of the Passenger lift. It is expected that the installation of the additional passenger lift would be completed in 1 & ½ month's time. In this connection I am also to state that the existing passenger lift at the above said complex is functional. Annual Maintenance Contract for this lift has also been given to M/s.Kone Elevators.” 5. During the pendency of this writ petition, the respondents have taken effective steps to alleviate the primary grievances of the petitioner. 6. In that view of the matter, at this stage, it may not be necessary for us to entertain this writ petition. Accordingly, placing on W.P. (C) No.10863 of 2008 4 record, the statement made by the Secretary to Government in the letter dated 5.4.2008 addressed to the Advocate General, this matter is closed for the present. Ordered accordingly (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns