Kerala High Court
K.A.Anandavally vs The State Of Kerala on 16 August, 2022
WP(C) Nos.18730/2022, 21493/2022 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TH
TUESDAY, THE 16 DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(C) NO. 18730 OF 2022
PETITIONER/S:
1 P. A. SEETHI MASTER,
AGED 63 YEARS,
S/O. ADV. HYDROSE, PATHIYASSERI HOUSE, PO PULLOOT,
KODUNGGALOOR, THRISSUR DISTRICT - 680 663.
2 K.T. SUBRAMANIAM,
AGED 65 YEARS, S/O. THUPRAN, KALLAZHIL HOUSE,
KANDAMKULAM PO, KODUNGALLOOR, THRISSUR DISTRICT - 680
669.
BY ADVS.
T.P.SAJID
K.M.SHANAVAS
SHIFA LATHEEF
MUHAMMED HAROON A.N.
MUHAMMED MUSTHAFA K.
RESPONDENT/S:
1 THE SECRETARY
KODUNGALLOOR MUNICIPALITY, KODUNGALLOOR, THRISSUR
DISTRICT - 680 664.
2 THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR - 680 003.
3 THE EXECUTIVE ENGINEER,
PWD DIVISION, KODUNGALLOOR - 680 664.
4 THE PROJECT MANAGER,
NHAI, KAKKANAD, ERNAKULAM 682 021.
5 THE PROJECT DIRECTOR,
MUZIRIS PROJECTS LTD., RESEARCH & CONVENTION CENTRE,
PULLUT PO, KODUNGALOOR, THRISSUR DISTRICT - 680 663.
6 THE MANAGER,
INKEL LTD., DOOR NO. 7/4732A - 5 & 6, 2ND FLOOR, AJIYAL
COMPLEX, POST OFFICE ROAD, KAKKANAD, KOCHI 682 030.
7 THE CHAIRMAN,
NHAI, TC 86/1036/1, AMBLY ARCADE, S.N.N.R.A. 9, PETTAH PO,
THIRUVANANTHAPURAM -695 024.
WP(C) Nos.18730/2022, 21493/2022 :2:
8 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, NHAI G 5 & 6, DABRI, GURGAON
ROAD, SECTOR 10 DWARAKA, DWARAKA, NEW DELHI-10 075.
BY ADVS.
R1 BY SHRI.K.A.NOUSHAD, SC, KODUNGALOOR MUNICIPALITY,
THRISSUR
R4 & R7 BY SHRI.MATHEWS K.PHILIP, SC, NHAI
R5 BY SRI. K.DHRUV KUMAR
R8 BY SRI. MANU S., ASG OF INDIA
SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
R6 BY SRI. P.U. SHAILAAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.08.2022, ALONG WITH WP(C).21493/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18730/2022, 21493/2022 :3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TH
TUESDAY, THE 16 DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(C) NO. 21493 OF 2022
PETITIONER/S:
1 K.A.ANANDAVALLY,
AGED 82 YEARS,
W/O. LATE VIJAYAN MENON, KAVUNGAL ANAT, T.K.S PURAM P.O,
KODUNGALLOOR, 680 664.
2 NEJUMUNNEESA Z,
AGED 56 YEARS
W/O. E.A. ISAMIL, ERAMANGALATH, KODUNGALLOOR, 680 664.
3 T.G. LEENA,
W/O. RAJEEVAN, AGED 69 YEARS, THAIVALATH HOUSE, P.O.
KODUNGALLOOR, 680 664.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY OT THE GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, 695 001.
2 THE NATIONAL HIGHWAY'S AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, VII/511-B, NEYTHELI-
MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, 682 030,
REPRESENTED BY ITS PROJECT DIRECTOR.
3 MUZIRIS PROJECTS LIMITED,
MUSIRIS INTERNATIONAL RESEARCH AND CONVENTION CENTRE
(MRCC), NEAR KKTM COLLEGE, PULLUT P.O, KODUNGALLOOR, 680
663, REPRESENTED BY ITS MANAGING DIRECTOR.
4 THE KODUNGALLOOR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
KODUNGALLOOR, 680 664.
5 THE SECRETARY,
KODUNGALLOOR MUNICIPALITY, MUNICIPAL OFFICE,
KODUNGALLOOR, 680 664.
WP(C) Nos.18730/2022, 21493/2022 :4:
BY ADVS.
R2 BY SRI. MATHEWS K.PHILIP, SC
R3 BY SRI. K.DHRUV KUMAR
R4 & R5 BY SHRI.K.A.NOUSHAD, SC, KODUNGALOOR MUNICIPALITY,
THRISSUR
R1 BY SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.08.2022, ALONG WITH WP(C).18730/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18730/2022, 21493/2022 :5:
JUDGMENT
[WP(C) Nos.18730/2022, 21493/2022]
SHAJI P. CHALY, J.
The petitioners, residents within the limits of the Kodungallur
Municipality, have filed the captioned Public Interest writ petitions
seeking a writ of mandamus directing the National Highway Authority
of India to give permission to the Project Director, MUZIRIS projects
Ltd., Kodungalloor, Thrissur District and the Kodungallur municipality to
install street lights; a direction to the Municipality as well as the
National Highway Authority of India (NHAI) to sanction funds for the
development of service roads on the side of the Chandapura-
Kottappuram, Kodungallur Bypass road; a direction to the Executive
Engineer, PWD Division, Kodungalloor, to clear the gutters and also to
level the gutters parallel to the service road for smooth flow of
rainwater; a further writ of mandamus commanding the Kodungallur
Municipality to ensure that the materials purchased by the contractor
appointed by the Kodungallur Municipality is used for providing street
lights in the National Highway Bypass at Kodungallur in the interest of
justice.
2. A further direction to the District Collector, Thrissur is also
sought for, to consider and pass final orders on Ext. P16 representation
WP(C) Nos.18730/2022, 21493/2022 :6:
with notice and opportunity of hearing to the petitioners in W.P.(C) No.
18730 of 2022 and for other related reliefs.
3. The contentions advanced in the writ petitions are
substantially common. According to the petitioners, for want of street
lights, 282 vehicle accidents and 28 deaths happened in the bypass
road at Kodungalloor after 2014 till date. It is also contended that
street light installations are still in papers and the bypass is still a dark
death trap. It is also pointed out that as per Section 30(1) of the
Kerala Municipality Act, 1994 ('Act, 1994' for short), the administration
of a Municipal area in respect of the matters enumerated in the First
Schedule shall, subject to the provisions of the Act and such other
provisions as may be prescribed in that behalf and the provisions of
other Acts and the rules made thereunder vest in the Municipality and
it shall have the power and responsibility to prepare and implement
schemes for economic development and social justice in relation to the
matters enumerated in the First Schedule.
4. That apart, it is pointed out that part A of the First Schedule
deals with the 'mandatory functions of the Municipality' and entry 15
therein is in respect of 'street lighting and its maintenance'. The sum
and substance of the contention advanced by the petitioners is that in
spite of all earnest efforts made by them, the District Administration,
National Highway Authority of India and the Kodungalloor Municipality
WP(C) Nos.18730/2022, 21493/2022 :7:
are not taking any action to ventilate the grievance of the general
public and if no direction is issued, it will cause serious prejudice to the
public at large.
5. The National Highway Authority of India has filed separate
counter affidavits basically contending that the widening work of the
National Highway is going on in the area in question within the limits
of the Kodungalloor Municipality. The National Highway NH-66 has
been entrusted to NHAI to develop six-lane with service roads within
45 meters of ROW from Ramanattukara to Edappally Section in 5
packages under the jurisdiction of the PIU-Cochin vide Government of
India Gazette dated 12.05.2020 and the same stretch was taken from
the PWD-NH-Division. According to the National Highway Authority,
the lighting arrangements for the Kodungalloor Bypass is included in
the following two packages:
A. Package4: Six laning from Thalikulam to Kodungallur Section of
NH66 (old NH17) from Design Ch. 369+015 (Ex.km 382.300) to
Design Ch.397.750 (Ex. km 411.850) in the State of Kerala on
Hybrid Annuity Mode under Bharatmala Pariyojana.
B. Package5: Six laning from Kodungallur to Edappally Section of
NH66 (old NH17) from Design Chainage 397+750 (Ex. km
411.850) to Design Chinage 423+780 (Ex.km 343.330 of NH47;
Near 438,600 of NH17) in the State of Kerala on Hybrid Annuity
Mode under Bharatmala Pariyojana.
WP(C) Nos.18730/2022, 21493/2022 :8:
6. It is also stated that the above Kodungallur Bypass stretch is
falling partially in each of the above two packages, which were
awarded to the concessionaires. The details with respect to the work
and progress of the same are also narrated in the statement. It is also
stated that the demolition of buildings, procurement of materials and
detail designs etc. are under progress. It is also pointed out that the
Flyover cum Viaduct is also being constructed in one of the chainage
and the construction period of the above project is 30 months from the
appointed date which is to be declared by the NHAI after their financial
close.
7. It is further stated that the highway lighting provision is
included in the project and it will be done as per the project scheme
which is to be completed within 30 months. That apart, it is also
pointed out that no permission at this stage can be granted basically
for the reason that the existing median, foot paths etc. all will have to
be altered while widening the bypass and if the street lights are
permitted to be installed in the medians or in the foot paths on either
side, that will cause serious prejudice for the widening work and it will
be a huge waste of public money.
8. A reply affidavit is filed by the petitioners in W.P.(C) No.
21493 of 2022 reiterating the stand adopted in the writ petition.
According to the petitioners therein, the stand adopted by the NHAI
WP(C) Nos.18730/2022, 21493/2022 :9:
that at this point of time, no permission can be granted to the
Municipality is unjustifiable and irresponsible, especially in view of the
fact that for want of street lights, accidents are occurring on the
stretch in question.
9. We have heard the learned counsel for the petitioners Sri. T.P.
Sajid and Sri. Binoy Vasudevan, learned Senior Government Pleader
Sri. K.P. Harish, Sri. Mathews K. Philip for the National Highway
Authority of India, Sri. Dhruv Kumar for the MUZIRIS Projects Ltd. and
Sri. K. A. Noushad and Smt. Amrin Fathima for the Municipality, and
perused the pleadings and materials on record.
10. The discussion of facts made above would make it clear that
the petitioners are aggrieved by the inaction on the part of the District
Administration, Kodungalloor Municipality and the National Highway
Authority of India in not providing street lights in the stretches of the
National Highway within the limits of the Kodungallur Municipality. We
are of the clear opinion that it is a vital and basic necessity to provide
street lights on the National Highways to ensure safety of the public,
both pedestrians and motorists. The facts and figures given in the writ
petitions would show that a large number of accidents have taken
place in the area in question and even substantial numbers of fatal
accidents have also taken place. No doubt, the Municipal authority is
duty bound under the Municipalities Act to provide street lights, which
WP(C) Nos.18730/2022, 21493/2022 : 10 :
is a mandatory function as per the First Schedule of the Act, 1994. The
Municipality is prepared to put up street lights in the National Highway
stretch in question; but the NHAI is not inclined to grant permission for
the basic reason that widening works of the NH 66 is going on, and the
median as well as foot paths will have to be altered for formulating the
widening works appropriately. Therefore, it is submitted that no
permission can be granted at this stage, since it would interfere with
the work progress of the National Highway authority, and it would also
be against the concession agreements executed by the National
Highway Authority with the respective contractors.
11. It is also pointed out that if permission is granted to instal
street lights, it would be a huge waste of public money, since it will
have to be removed for the purpose of widening work without much
delay. It is also clear that as per the widening scheme, the NHAI itself
is proposing to put up street lights on the stretch specifically described
above .
12. In that view of the matter, we do not think, it may be proper
and vice to issue directions for putting up street lights on the stretch of
the National Highway in question. However, we are of the opinion that
since contentions are advanced by the petitioners that accidents are
taking place in the stretch in question for want of street lights, it is for
the NHAI to ensure that necessary precautionary measures, and safety
WP(C) Nos.18730/2022, 21493/2022 : 11 :
methods are adopted in order to avoid accidents in the area in
question in accordance with the attendant laws and guidelines
available for the purpose .
13. Even though we are not inclined to issue directions as are
sought for by the petitioners at this point of time, we observe that the
disposal of the writ petitions will not stand in the way of the petitioners
approaching this Court at a later point of time after the completion of
the work of the National Highway, if the authorities are not carrying
out the installation of the street lights on the stretches in question as
specified above.
With the above observations, these writ petitions are disposed
of.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
WP(C) Nos.18730/2022, 21493/2022 : 12 :
APPENDIX OF WP(C) 21493/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF G.O (RT) NO. 245/2020/TOURISM
DATED 04.08.2020 ISSUED BY THE TOURISM
DEPARTMENT OF GOVERNMENT OF KERALA.
Exhibit P2 TRUE COPY OF THE REPLY DATED 03.01.2022 GIVEN
BY THE PUBLIC INFORMATION OFFICER OF THE 4TH
RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPLY DATED 21.02.2022 GIVEN
BY THE PUBLIC INFORMATION OFFICER OF THE 4TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE CIRCULAR NO.
3055/DA3/201/LSGD DATED 15.09.2011.
Exhibit P5 TRUE COPY OF THE LETTER NO. MPL-216/18 DATED
10.12.2019 BY THE 4TH RESPONDENT TO THE 6TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE DECISION IN ITEM NO. 31/1 OF
THE 5TH RESPONDENT MUNICIPALITY DATED
19.12.2019.
Exhibit P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PROJECT
DIRECTOR OF THE NATIONAL HIGHWAY AUTHORITY
BEFORE THE TALUK LEGAL SERVICE COMMITTEE,
KODUNGALLUR IN PLP NO. 30/2021.
Exhibit P8 TRUE COPY OF THE REPLY RECEIVED UNDER RIGHT TO
INFORMATION ACT, 2005 DATED 22.10.2021 ISSUED
BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC
WORKS DEPARTMENT, NORTH PARAVUR.
Exhibit P9 TRUE COPY OF THE REPLY DATED 09.02.2022
SUBMITTED BY THE 6TH RESPONDENT BEFORE THE
KERALA HUMAN RIGHTS COMMISSION.
Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE CHIEF MINISTER, GOVERNMENT OF
KERALA DATED 10.01.2022 BY STHREE KOOTTAYMA,
KODUNGALLUR.
Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE DISTRICT COLLECTOR, THRISSUR DATED
10.01.2022 BY STHREE KOOTTAYMA, KODUNGALLUR.
Exhibit P12 TRUE COPY OF THE LIST OF PERSONS DIED IN THE
BYPASS PROVIDED BY THE STATION HOUSE OFFICER,
ALONG WITH THE COVERING LETTER DATED
08.01.2022.
Exhibit P13 TRUE COPY OF THE LIST OF PERSONS INJURED IN
MOTOR ACCIDENT IN THE BYPASS BETWEEN 2014 AND
2021.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS To Judge.
WP(C) Nos.18730/2022, 21493/2022 : 13 :
APPENDIX OF WP(C) 18730/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED TO THE
PUBLIC INFORMATION OFFICER, KODUNGALLOOR BY
THE PETITIONER UNDER RTI ACT DATED 25/4/2022
Exhibit P2 TRUE COPY OF THE REPLY DATED 30/4/2022 TO EXT
P1.
Exhibit P3 TRUE COPY OF THE MATHRUBHOOMI DAILY DATED
16/4/2013.
Exhibit P4 TRUE COPY OF THE REPORT IN MADHYAMA DAILY
DATED 21/9/2014
Exhibit P5 TRUE COPY OF THE MADHYAMA DAILY DATED
22/9/2014
Exhibit P6 TRUE COPY OF THE REPORT IN MANORAMA DAILY
DATED 24/4/2015
Exhibit P7 TRUE COPY OF THE REPORT IN MANORAMA DAILY
DATED 24/04/2015
Exhibit P8 TRUE COPY OF THE PLAINT IN O.S. NO. 858/2013
Exhibit P9 TRUE COPY OF THE COMMISSION REPORT FILED BY
THE ADVOCATE COMMISSIONER SRI. K.S. BINOJ
DATED 17/7/2013
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 6/2/2014
PASSED BY THE HON'BLE MUNSIFF COURT,
KODUNGALOOR IN O.S. NO. 858/2013
Exhibit P10(a) TRUE COPY OF THE REPORT IN MADHYAMAM DAILY,
DATED, 24/5/2022
Exhibit P11 TRUE COPY OF THE REPLY DATED 20/3/2021
Exhibit P12 TRUE COPY OF THE REPLY DATED 28/7/2021
Exhibit P13 TRUE COPY OF THE REPLY DATED 30/9/2021 ISSUED
BY THE KODUNGALOOR MUNICIPALITY.
Exhibit P14 TRUE COPY OF THE REPLY DATED 22/10/2021
Exhibit P15 TRUE COPY OF THE REPLY OF MUZINS PROJECTS LTD.
DATED 5/5/2022.
Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED
28/5/2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS To Judge.
rv
