IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Monday, the 1st day of August 2022 / 10th Sravana, 1944
WP(C) NO. 32680 OF 2008(M)
PETITIONER:
1. C.P.AJITHKUMAR, PROPRIETOR, SUBURBAN TRAVELS, MAMANGALAM,
COCHIN-24,(PRESIDENT, TRAVEL, OPERATORS ASSOCIATION OF KERALA).
2. KERALA MERCHANTS UNION (FORMERLY ERNAKULAM MERCHANTS UNION),
MERCHANTS UNION BUILDING, MERCHANTS UNION ROAD, COCHIN-11,
REPRESENTED BY ITS GENERAL SECRETARY.
BY ADVOCATE SRI. TOM K. THOMAS
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, (ROADS), GOVT.SECRETARIAT, TRIVANDRUM.
2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT.SECRETARIAT,
TRIVANDRUM.
3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), TRIVANDRUM.
4. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, BOAT JETTY,
ERNAKULAM.
5. GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHARA, ERNAKULAM,
COCHIN-20, REPRESENTED BY ITS SECRETARY.
ADDITIONAL R6 AND R7 IMPLEADED
6. THE CHIEF ENGINEER, (NATIONAL HIGHWAYS), TRIVANDRUM-695033.
7. THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, OFFICE OF
THE CHIEF ENGINEER, (NATIONAL HIGHWAYS), TRIVANDRUM-695033. (ADDDL.
R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 28.11.2088 IN
IA.15338/2008).
ADDITIONAL R8 AND R9 IMPLEADED
8. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT COCHIN, NATIONAL
HIGHWAY AUTHORITY OF INDIA, MANGALYA VAIDHYA MADOM, VYTILA,
ERNAKULAM.
9. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT PALAKKAD, NATIONAL
HIGHWAY AUTHORITY OF INDIA, ARMUGHAM COLONY, CHANDRA NAGAR,
PALAKKAD. (ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED
17.12.2008 IN I.A.16206/2008 IN WP(C) 32680/2008.)
ADDITIONAL R10 IMPLEADED
10. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE
TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. (ADDL.R10 IS IMPLEADED AS
PER ORDER DATED 30.03.2009 IN I.A.4647/2009 IN WP(C) 32680/2008.)
ADDITIONAL R11 IMPLEADED
11. CENTRE FOR CONSUMER EDUCATION, MARKET ROAD, PALAI, REPRESENTED BY
ITS MANAGING TRUSTEE DEJO KAPPAN, AGED 54, S/O.LATE K.C.JOSEPH,
RESIDING AT 17 A, PRESIDENCY HOMES, KALOOR, ERNAKULAM. (ADDL.R11 IS
IMPLEADED AS PER ORDER DATED 12.10.2011 IN IA.15616/2011.)
ADDITIONAL R12 AND R13 IMPLEADED
12. KERALA GOVERNMENT CONTRACTORS ASSOCIATION, HEAD OFFICE SREEKUMAR
BUILDING, IRON BRIDGES.P.O., ALAPPUZHA-688001, REPRESENTED BY ITS
PRESIDENT VARGHESE KANNAMPALLY-688001.
13. P.R.ASHOKUMAR, RAMAPRIYA, PARAYAKADU.P.O., CHERTHALA, ALAPPUZHA
DISTRICT-688001. (ADDL.R12 AND R13 ARE IMPLEADED AS PER ORDER DATED
18.10.2011 IN I.A.15475/2011.)
ADDITIONAL R14 IMPLEADED
14. THE DISTRICT COLLECTOR, ERNAKULAM. (IS SUO MOTU IMPLEADED AS ADDL.
R14 AS PER ORDER DATED 11.10.2019 IN WPC.)
ADDITIONAL R15 SUO MOTU IMPLEADED
15. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,
ERNAKULAM IS SUO MOTU IMPLEADED AS ADDL. R15 AS PER ORDER DATED
17.12.2021 IN WP(C) 32680/2008.
ADDITIONAL R16 IMPLEADED
16. THE COMMISSIONER OF POLICE, KOCHI. (IS SUO MOTU IMPLEADED AS
ADDL.R16 AS PER ORDER DATED 14-01-2022 IN WP(C) 32680/2008).
ADDITIONAL R17 SUO MOTU IMPLEADED
17. COCHIN SMART MISSION LIMITED, 4TH FLOOR, JLN STADIUM METRO STATION,
KALOOR, KOCHI- 682017
(IS SUO MOTU IMPLEADED AS ADDITIONAL R17 AS PER ORDER DATED
01.08.2022 IN WP(C) 32680/2008.)
BY SRI. K.V.MANOJ KUMAR, SENIOR GOVERNMENT PLEADER FOR R1 TO R3,
R14 AND R16.
BY SRI. JANARDHANA SHENOY, STANDING COUNSEL FOR R4.
BY SRI. M.K.THANKAPPAN, ADVOCATE FOR R5.
BY SRI. SEBASTIAN THOMAS, ADVOCATE FOR R6 AND R7.
BY SRI. THOMAS ANTONY, ADVOCATE FOR R8 AND R9.
BY SRI. S. KRISHNAMOORTHY, CENTRAL GOVERNMENT COUNSEL FOR R10.
BY SRI. JOHNSON MANAYANI, ADVOCATE FOR R11.
BY SRI. JOMY GEORGE, ADVOCATE FOR R12 AND R13.
BY SMT. M.U.VIJAYALAKSHMI, STANDING COUNSEL FOR CSML, ADDL. R17.
BY SRI. MATHEWS K. PHILIP, STANDING COUNSEL FOR NHAI
BY M/S. S. KRISHNA, P.DEEPAK AND VINOD BHAT, AMICUS CURIAE
This Writ Petition (Civil) having coming up for orders on
01.08.2022, and upon perusing this court's judgment dated 18.10.2019 and
order dated 29.07.2022, the Court on the same day passed the following.
P.T.O
Devan Ramachandran, J.
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W.P(C)No.32680 of 2008
W.P(C)No.34310 of 2019
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Dated this the 1st day of August, 2022.
ORDER
Though these matters have been listed today for further orders, on account of the "Red" and "Orange" Alerts issued, the attention is now more towards controlling the flooding situation in the city; and I have already issued certain orders in another writ petition concerning with the same.
2. One common factor in these cases and the aforementioned case is with respect to the water inlets into the drains of the city, qua which certain orders have been issued today.
2W.P.(C).No.32680 of 2008 W.P.(C).No.34310 of 2019
3. That said, on 29.07.2022, this Court had directed the Corporation of Kochi and the Cochin Smart Mission Limited (CSML) to respond to a report in the newspaper; and Sri.Brijesh Mohan - learned counsel for the CSML and Sri.Janardhana Shenoy - learned counsel for the Corporation submitted that the issues are being actively dealt with. Sri.Brijesh Mohan, in fact, submitted that a Statement will be filed, explaining that the "gratings", whenever installed, have been taken away by anti social elements. This is a very serious issue and if this be so, then certainly, the Police also have a role to play in this. The learned Government Pleader will, therefore, make sure that Police Authorities are kept informed of this submission by the CSML and to ensue that such public utility installations like gratings over drain inlets are sufficiently protected. Suggestions in this 3 W.P.(C).No.32680 of 2008 W.P.(C).No.34310 of 2019 regard shall be made available by the next posting date.
4. Coming to the order of this Court dated 19.07.2022 whereby, the Government was directed to bring out a Circular intimating all the Engineers and the Contractors that vigilance cases will be registered if a road runs into decrepitude within six months of its completion and that an enquiry will be conducted if happens within a period of one year - Sri.K.V.Manoj Kumar - learned Senior Government Pleader submitted that the Vigilance Authorities have already been told about this and that a list of all the roads in Kerala, belonging to the PWD and to the Local Self Government Institutions, are being readied, so as to initiate actions in terms of the directions of this Court. He explained that a few more weeks' time will be required to compile all the roads, which will then be looked into by the Vigilance 4 W.P.(C).No.32680 of 2008 W.P.(C).No.34310 of 2019 Department, to initiate action as ordered by this Court. He undertook that the Circular as ordered by this Court will be issued in the next two or three weeks.
5. As regards any complaints that the learned Amici Curiae may have obtained in terms of the liberty reserved to the citizens by this Court, they will compile the same and produce it, so that necessary action can then be ordered.
I close this order recording the submission of Sri.K.V.Manoj Kumar - learned Government Pleader, that the views of this Court have been taken very seriously by the PWD and that all steps and measures are initiated to ensure that the roads are repaired urgently. He also offered that a report in this regard will be placed by next posting date.
Taking note of the afore, I adjourn this matter to be 5 W.P.(C).No.32680 of 2008 W.P.(C).No.34310 of 2019 called on 12.08.2022.
Sd/-
DEVAN RAMACHANDRAN JUDGE H/o Raj/01.08.2022.
01-08-2022 /True Copy/ Assistant Registrar