Adv.P.T.Radhakrishnan vs State Of Kerala
2021 Latest Caselaw 3163 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                      WP(C).No.23843 OF 2017(S)


PETITIONERS:

      1        ADV.P.T.RADHAKRISHNAN
               AGED 45 YEARS, S/O THANKAPPAN PILLAI,PRESIDENT,
               SOCIAL JUSTICE VIGILANCE FORUM,KERALA STATE
               COMMITTEE, 2ND FLOOR,NORTH SQUARE BUILDING,
               PARAMARA ROAD,NORTH KOCHI - 18

      2        SOCIAL JUSTICE FORUM
               REPRESENTED BY ITS GENERAL SECRETARY DR.ELIZABETH
               VARGHESE, SOCIAL JUSTICE VIGILANCE FORUM,STATE
               COMMITTEE, 2ND FLOOR, PARAMARA ROAD,NORTH, KOCHI.18

               BY ADV. SRI.M.R.NANDAKUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY,TRIVANDRUM -695001.

      2        TRANSPORT COMMISSIONER OF KERALA
               TRANS BHAVAN, THIRUVANANTHAPURAM - 695001.

      3        CHIEF EXECUTIVE OFFICER
               KERALA ROAD SAFETY AUTHORITY,
               THIRUVANANTHAPURAM -695014.


               R1 TO R3 BY SRI.K.V.SOHAN, STATE ATTORNEY FOR
               RESPONDENTS

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23843 OF 2017(S)                   2




                                 JUDGMENT

Dated this the 28th day of January,2021

S.MANIKUMAR,CJ

Petitioners represent a non-Governmental Organization (NGO), registered

under the Charitable Societies Act. According to the petitioners, this

organisation was founded with an intention to find out solutions to many of the

problems faced by people of Kerala, including the problems those related to

road safety. According to the petitioners, pedestrians on roads face much

insecurity including threat to life and many pedestrians have met with accidents

and lost life. Petitioners have placed this grave issue before different

governmental authorities for immediate intervention and preventive action but

no action is taken yet. Hence the instant public interest writ petition is filed.

2. Petitioners have sought for a writ of mandamus directing the Chief

Secretary to the Government, Government of Kerala, Thiruvananthapuram,

Transport Commissioner of Kerala, Trans Bhavan, Thiruvananthapuram and

Chief Executive Officer, Kerala Road Safety Authority, Thiruvananthapuram,

respondents 1 to 3, respectively, to ensure that all the relevant provisions of

the Kerala Road Safety Authority Act, 2007, with regard to the usage of road by

the pedestrians is strictly complied forthwith.

3. Petitioners have also sought for a writ of mandamus directing the said

respondents to provide adequate measures for the safety of the pedestrians on

the road.

4. In support of the prayers sought for, petitioners have contended that

Kerala Road Safety Authority Act has been enacted in the year 2007 and there

are several road safety programmes. There is a separate fund for the

implementation of road safety programmes in the State. It is further submitted

that several accidents occurred due to non-implementation of the provisions of

the said Act. Ventilating the grievances of the general public, petitioners have

sent representation dated 20.6.2016 and since the same remained unanswered,

constrained to file the instant writ petition for the reliefs stated supra.

5. Per contra, Mr.K.V.Sohan, learned State Attorney, submitted that the

prayers sought for is omnibus in nature. There are no specific instances of non-

implementation of the provisions of the Kerala Road Safety Authority Act, 2007.

According to him, adequate steps are being taken for implementation of the

provisions of the said Act.

6. Heard learned counsel for the parties, perused the pleadings and

materials on record.

7. Petitioners in their representation dated 20.6.2016, have highlighted

certain issues regarding road safety. As rightly pointed out though the prayers

sought for by the petitioners are omnibus in nature, and even taking note that

some of the issues raised require consideration, the same cannot be done

forthwith for the reason that, the Kerala Road Safety Authority Act, 2007 has

to be implemented for the entire State and for a particular area. As stated

supra, no such area has been specifically mentioned in the statement of facts

filed along with the writ petition.

8. Taking into account the above, and in as much as the grievances

expressed are not supported with any adequate proof as required in a public

interest writ petition, we only direct the respondents to take appropriate steps

for the effective implementation of the Kerala Road Safety Authority Act, 2007.

With the above directions, the writ petition is disposed of.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

                                                    SHAJI P.CHALY

smv                                                      JUDGE





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           A TRUE COPY OF THE REPLY LETTER GIVEN BY
                     THE 2ND RESPONDENT.

EXHIBIT P1(a)        A TRUE COPY OF THE ENGLISH TRANSLATION OF
                     REPLY LETTER GIVEN BY THE 2ND RESPONDENT.

EXHIBIT P2           A TRUE COPY OF THE LETTER NO.A1-3776/15 OF
                     EXECUTIVE ENGINEER, KODUNGALLOOR

EXHIBIT P3           A TRUE COPY OF THE REPRESENTATION