IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 14th day of June 2022 / 24th Jyaishta, 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 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 12.10.2011 DATED 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).
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
BY SRI. MATHEWS K. PHILIP, STANDING COUNSEL FOR NHAI
M/S. S. KRISHNA, P.DEEPAK AND VINOD BHAT, AMICUS CURIAE
This Writ Petition (Civil) having coming up for orders on
14.06.2022, and upon perusing this court's judgment dated 18.10.2019 and
order dated 03.06.2022, the Court on the same day passed the following.
P.T.O
DEVAN RAMACHANDRAN, J.
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W.P.(C)Nos.32680/2008 & 34310/2019
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Dated this the 14th day of June, 2022
O R D E R
Smt.S.Krishna - learned Amicus Curiae, submitted that the list of roads within the Corporation of Kochi and those owned by the Public Works Department (PWD), has been handed over to the learned counsel for both the said Authorities.
2. Sri.K.V.Manoj Kumar - learned Senior Government Pleader for the PWD and Sri.Janardhana Shenoy - learned Standing Counsel for the Corporation of Kochi, are, therefore, directed to file a consolidated statement showing the roads which are under repair, or which require to be repaired, by the next posting date. The said report should also show the status of work that has been initiated/to be initiated. It will further contain the status of all roads mentioned by this Court WPC 32680/08 & 34310/19 2 in the earlier orders, particularly orders dated 14.01.2022, 27.05.2022 and 03.06.2022.
3. Sri.Jomy George - learned counsel for the petitioners in WP(C)No.34310/2019, brought to my notice that an accident happened a few days ago at Tripunithura, in which, a young man was killed solely because necessary warning signs and barriers had not been placed at a site where the work was going on. He added that the pillion rider was seriously injured.
4. I see that this aspect has been referred to by the learned Amici Curiae in their report.
5. Sri.K.V.Manoj Kumar - learned Senior Government Pleader, submitted that immediate steps have been taken to fix responsibility and that the Engineers concerned are placed under suspension, with cases charged against them, as also the Contractor.
6. I am afraid that this normal pattern that we see - of fixing responsibility after the incident - cannot be condoned any further. What is required to be done is to avoid accidents for WPC 32680/08 & 34310/19 3 which, all necessary precautionary steps will have to be ensured on the ground level, when a work is going on. This is absolutely necessary in these times because vehicles are fast moving and people are in a hurry.
7. Whatever be the intricate details of the accident referred above, a suspicion is raised as to whether it could have been averted, had there been a proper barricading and such other. I must, however, make it clear that I am not speaking more on this incident because it is covered by an ongoing investigation.
8. However, this Court certainly is concerned that when a work is going on - be that on roads, bridges and such other
- there are no sufficient lights and other warning signals, leading to people being put to danger, either carelessly or in spite of necessary care.
9. The fact that Engineers/Contractors are taken to task after the incident would be of no solace to the family of the victim or to the injured; and it is rather disconcerting that even WPC 32680/08 & 34310/19 4 when technology is advanced, incidents like this still happen.
10. I, therefore, asked the learned Senior Government Pleader whether there are any protocols with respect to the security and safety measures to be enforced in the ongoing work sites. He submitted that he will consult the officials and revert to this Court.
11. This is a matter that certainly must engage the attention of the Government and the PWD specifically because, though not reported, it is common knowledge that every ongoing work attracts several accidents because of lack of proper warning signs, lights and such other. Most of our roads are not lit much and it is difficult to discern a work, especially when one travels at speeds over 40 k.m. or so. This is the bane of our system, which will require to be reflected upon by the competent Authorities without any delay.
12. We often talk about countries other than ours, when speaking about progress; but when it comes to our neighbourhood, we are oblivious to the various requirements WPC 32680/08 & 34310/19 5 that are mandatory. I do not think that we can make any further delay and specific protocols will have to be thought of and implemented without reservation. These protocols certainly must cover all the works in Kerala and not merely those which are undertaken by the PWD.
13. As regards fixing of responsibility is concerned, the Engineers and Officers in charge of the work will have to be made primarily accountable; and unless penalties, which operate as deterrent, are imposed, accidents will remain a continuing saga. It is only if the Officers/Engineers have fear and respect for law, will they exercise necessary caution. The standard of care required by them certainly is as if the work is being done by themselves. This is most of the time forgotten and the lives of ordinary citizens are imperiled.
14. My afore observations shall be answered by the competent Authorities by the next posting date, through a proper counter pleading.
15. I, however, make it clear that if any such incident is WPC 32680/08 & 34310/19 6 brought to the notice of this Court in future, the concerned Engineer and Supervisory Officer will be held primarily responsible to its fullest warrant. As I have said above, the particular incident mentioned above is not solely reflected in this order, though, if it becomes necessary in future, it will also be taken note of.
Post on 23.6.2022.
H/o Sd/-
DEVAN RAMACHANDRAN, RR/14.06.2022 JUDGE 14-06-2022 /True Copy/ Assistant Registrar