Kerala High Court
C.P.Ajithkumar vs State Of Kerala on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
WP(C) NO. 32680 OF 2008
PETITIONERS:
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 28.11.2008 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 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, 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.)
BY SENIOR GOVERNMENT PLEADER, SRI.K.V.MANOJ KUMAR FOR R1 TO R3
BY SRI.BABU KARUKAPADATH & SRI. SUDHEESH KUMAR, STANDING COUNSEL FOR
R4
BY ADVOCATE SRI.M.K.THANKAPPAN FOR R5
BY ADVOCATE SRI.SEBASTIAN THOMAS FOR R6 AND R7
BY ADVOCATE SRI.THOMAS ANTONY FOR ADDL.R8 AND ADDL.R9
BY SRI.S.KRISHNAMOORTHY, CENTRAL GOVERNMENT COUNSEL FOR ADDL. R10
BY ADVOCATE SRI.JOHNSON MANAYANI FOR ADDL.R11
BY ADVOCATE SRI.JOMY GEORGE FOR ADDL.R12 AND ADDL.R13
BY SMT. M.U.VIJAYALAKSHMI, STANDING COUNSEL FOR CSML
M/S.S.KRISHNA, P.DEEPAK & VINOD BHAT, AMICUS CURIAE.
This Writ Petition having come up for orders on 25.11.2021, and this
Court's judgment dated 18.10.2019 and order dated 01.11.2021, 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
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Dated this the 25th day of November, 2021
ORDER
As usual, after the monsoons, complaints of bad roads
have again started arriving at this Court.
2. This is a real tragedy because, in the judgment
dated 18/10/2019, this Court has issued certain specific
directions and it now appears that all of them have been
forgotten.
3. However, this Court cannot allow the
administrators and stakeholders to be so forgetful and if they
are so, then steps and measures will have to be taken to
make them alive to their statutory and constitution duties.
4. In the judgment of this Court, I had fixed the
primary responsibility, to ensure that the repair work is done
properly and future repairs are noticed and done without
delay, the concerned Engineers/Staff of the respective
departments/Local Self Government Institutions. In spite of
W.P(C)No.32680 of 2008
this, if the roads have gone into a state of disrepair, then it is
now time for this Court to fix personal responsibility.
5. The learned Amicus curiae - Smt. S.Krishna and
Sri.Tom.K.Thomas - learned counsel appearing for the
petitioner, pointed out that the exasperating situation is that
the very same roads, which were repaired by the Corporation
and other Authorities last year, have fallen again to disrepair
within a few months thereafter.
6. This issue certainly has to be taken with the
seriousness that it deserves, because this state cannot afford
to conduct repairs on the roads every year or every six
months, which appears to be norm, in spite of the various
directions of this Court.
7. I, therefore, direct the Public Works Department
(PWD); the Corporation of Kochi; The Cochin Smart Mission
Limited (CSML); GCDA; as also the Director of Urban Affairs
and the Director of Panchayats to immediately take stock of
the various roads in the State and adopt measures to ensure
that they are brought back in shape, ensuring that
W.P(C)No.32680 of 2008
responsibility is fixed on the concerned officials with respect to
those which have fallen into disrepair after maintenance or
reconstruction.
8. I thus deem it appropriate to adjourn this matter
to be called on 14th December 2021; within which time, the
learned counsel for the petitioner and Amici curiae or any other
person, who is interested, may provide inputs to this Court
with respect to the various roads which are in disrepair, not
merely within the Corporation of Kochi, but also in other parts
of the State.
9. I reiterate that from now on Personal responsibility
will be certainly adjudged and fixed by this Court, if so
necessary, particularly in the case of those Officers and
Authorities who are responsible for the roads, since as I have
already said above, this Court has fixed primary responsibility
on them to avert potholes in the roads and not merely to
repair them.
W.P(C)No.32680 of 2008
Cable Pollution
Shri.Janardhana Shenoy, learned Standing Counsel for the
Corporation, submitted that notices have been issued to all
service providers to remove the unwanted cables within a
period of one month and that if action is still not taken, it will
be removed by the Corporation and the expenses charged on
to such persons/entities.
Street Lighting
Regarding the miserable state of the street lighting in the
city of Kochi, the learned Standing Counsel submitted that
necessary measures and steps have already been taken and
that he will be able to inform this Court about the progress by
the next posting date.
Unauthorized parking on footpaths especially at
Shipyard
The learned Amicus Curiae submits that, in spite of the
orders of this Court, effective steps have not been taken by the
stakeholders, including the Police in this regard.
W.P(C)No.32680 of 2008
The learned Government Pleader and the learned
Standing Counsel for the Corporation submitted that they will
look into this issue and report to this Court; and that in the
meanwhile, necessary steps will be taken for such purpose.
Sd/-
DEVAN RAMACHANDRAN
ANB/MC JUDGE
25-11-2021 /True Copy/ Assistant Registrar
