Kerala High Court
C.P.Ajithkumar vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 7th day of October 2022 / 15th Aswina, 1944
WP(C) NO. 32680 OF 2008
PETITIONERS:
1. C.P.AJITHKUMAR AGED 41 YEARS 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 & 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 & 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 DATED 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 & R13 IMPLEADED
12. KERALA GOVERNMENT CONTRACTORS ASSOCIATION, HEAD OFFICE SREEKUMAR
BUILDING, IRON BRIDGES.P.O., ALAPPUZHA-688001, REPRESENTED BY ITS
PRESIDENT VARGHESE KANNAMPALLY
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 (ADDL.R14 IS SUO MOTU IMPLEADED 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.)
ADDITIONAL R18 SUO MOTU IMPLEADED
18. REGIONAL OFFICER, NHAI, THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS
ADDITIONAL R18 AS PER ORDER DATED 08/08/2022 IN WP(C) 32680/2008.
ADDITIONAL R19 IMPLEADED
19. THE TRANSPORT COMMISSIONER, TRAN SPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, C.V.RAMAN PILLAI ROAD, DPT, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA- 695014 IS SUO MOTU IMPLEADED AS
ADDITIONAL R19 AS PER ORDER DATED 06.10.2022 IN WP(C) 32680/2008.
BY SRI.K.V.MANOJ KUMAR, SENIOR GOVERNMENT PLEADER FOR R1 TO R3, R14
AND R16.
BY SRI..K.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.BIDAN CHANDRAN, STANDING COUNSEL FOR ADDL.R18.
BY SRI.MATHEWS K.PHILIP, STANDING COUNSEL FOR NHAI.
BY M/S.S.KRISHNA, P.DEEPAK AND VINOD BHAT, AMICUS CURIAE
BY SRI.C.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA.
This Writ Petition (Civil) having coming up for orders on
07.10.2022, and upon perusing this Court's judgment dated 18.10.2019 and
order dated 06.10.2022, the Court on the same day passed the following.
p.t.o
DEVAN RAMACHANDRAN, J.
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W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
----------------------------------------------
Dated this the 07th day of October, 2022
O R D E R
The Transport Commissioner, who is also the
Road Safety Commissioner, appeared pursuant to
the order of this Court dated 06.10.2022 and
informed this Court of the various issues faced
by the respective departments.
2. However, no excuse can ever justify
lose of life on the streets and nothing can
pacify the tears of the family, who go through
enormous sufferings.
3. Before I proceed, I must certainly
record that this Court is aware that the
learned Division Bench of this Court is dealing
with the issue of the violations on vehicles,
from the angle of the Motor Vehicles Act and
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
Rules; and hence, anything that I say herein
would only be complementary to the same and to
supplement it.
4. After all, all of us are in together
to make sure that no one loses his or her life
in future, on account of a blood bath on the
streets, caused by pure recklessness or
carelessness.
5. As I have already recorded in the order
dated 06.10.2022, it is the element of
recklessness that really should grip over
attention now. As the Transport Commissioner -
Sri.Sreejith, has informed this Court, even
though large number of violations are being
booked on a daily basis, it does not seem to
create a tangible result on the ground because,
presumably, even the offenders continue to do
so being aware or being under the preception,
that the consequences are trifle.
6. The Transport Commissioner also says
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
that his Department has been on the job for the
last several weeks, if not months, and that the
fatalities from accidents have now come down
13.7%, which is targeted to be increased to 20%
in due time. He added that since the Rules and
best practices relating to road traffic will
have to be inculcated right from the school
days, the Motor Vehicles Department has taken
up on themselves a project by name "Safe
Campus" and is also enforcing a curriculum for
students, which is now awaiting final nod from
the Government.
7. It is common knowledge that initiatives
and proposals are never new and every time an
incident happens, such aspects are brought to
life with vigour; however, only to be forgotten
when a more engaging event happens.
8. However, this Court is firm in its
resolve that the children who lost their lives
in the accident yesterday (06.10.2022) should
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
never be forgotten, nor the anst of their loved
ones allowed to pale into oblivion.
9. An accident of that nature should never
happen again; and for this, action is paramount
- not merely excuses or explanations.
10. Various members of the Bar, including
the learned counsel appearing for the parties
in these cases, recounted their experiences on
the street, both in the city and on the highway
- and all of them had stories to say of the
recklessness of the drivers who manned the
vehicles, including Transport and Contract
Carriers.
11. The road culture that we are now used
to certainly has to change and this may have to
be done through a clarion call to be made by
the Authorities who are vested with the powers
under the statutory Scheme.
12. With this in mind, I propose to list
this matter again for hearing; within which
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
time, the Transport Commissioner will make
suggestions with respect to the manner in which
our roads and streets are to be made safer.
13. That being said, however, we cannot
afford to waste any further time waiting for
another accident to happen - we being
completely unaware when it will happen and in
what manner.
14. The unmistakable caution to a driver,
that recklessness on the wheel and the
proclivity to violate law, will never be
tolerated and will be dealt with the most
stringent response in law is to be fostered and
inculcated, because otherwise, nothing can
change.
15. For this purpose, the citizens have to
be first empowered, so they can bring the
violations to the notice of the Authorities in
real time. The Transport Commissioner has
submitted that he will consider the
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
introduction of a Toll Free number for whole of
the State; as also an online application. Since
I am cognizant that orders relating to
violations of vehicles have already been issued
by the learned Division Bench, while
considering any such suggestion, the same will
also be kept in mind, so as to ensure a
comprehensive attempt to bring in road safety
as a matter of discipline, rather than of
enforcement alone.
16. This Court, therefore, expects the
Transport Commissioner to act in those lines
and direct that the officers in his command and
charge be entrusted with the task of
enforcement strongly, strictly and decisively,
to send a strict message to all the drivers
that recklessness and carelessness will not be
tolerated and that they will be accountable to
law to the fullest warrant possible.
17. Necessary instructions/circulars/orders
W.P.(C) Nos. 32680 of 2008 and 34310 of 2019
in this regard shall be issued by the Transport
Commissioner forthwith and given adequate
publicity and distributed to all the officers
under his command through electronic means and
such other, to spur immediate action on a war
basis.
18. As regards the various other
suggestions recorded in this order, it shall be
looked into by the Transport Commissioner and
responded to by the next posting date.
Post on 28.10.2022 and the Transport
Commissioner will be present for further
interaction, either personally or through
online.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
07-10-2022 /True Copy/ Assistant Registrar
