Kerala High Court
C.P.Ajithkumar vs State Of Kerala on 28 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 28th day of October 2022 / 6th Karthika, 1944
WP(C) NO. 32680 OF 2008(M)
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 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 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-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. (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, TRANSPORT 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.
ADDITIONAL R20 IMPLEADED
20. JAMSHEED HAFIZ, S/O. MOOSAKUTTY, AGED 39 YEARS, NEETHINILAYAM,
TIRUR, MALAPPURAM DISTRICT, PIN- 676104 PRESENTLY RESIDNG AT FLAT
NO. B2, FIRST FLOOR, K.N.ARACADE, PHASE-II, KELAMANGALATH CROSS
ROAD, SRM ROAD, ERNAKULAM 18 IS IMPLEADED AS ADDL. R20 AS PER ORDER
DATED 28.10.2022 IN I.A. 2/2022.
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
28.10.2022, and upon perusing this Court's judgment dated 18.10.2019 and
order dated 07.10.2022, the Court on the same day passed the following.
P.T.O
EXHIBIT R17(b)-COLOR PHOTOGRAPHS OF THE PLACE OF INCIDENT AND DEPICITING
THE DANGER OF HANGING WIRE.
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C) Nos.32680/2008 & 34310/2019
=========================
Dated this the 28th day of October, 2022
ORDER
Sri.Pramod Shankar, Deputy Transport Commissioner
and Sri.Rijo P.Joseph, Assistant Commissioner of Police, Traffic
East Kochi are present before this Court for assistance.
2. I do not propose to speak in any manner today, since I
am aware that a learned Division Bench is considering the
issues relating to transport vehicles.
3. Sri.Santhosh Kumar, learned Special Government
Pleader, offered that reports on behalf of the Transport
Commissionerate and the Police will be placed on record by
the next posting date and sought a few days time for such
purpose.
4. Suffice to say, every effort of this Court is to ensure
that accidents are minimised, if not fully averted. However, it
was rather distressing that in spite of such effort, at least
three accidents happened on 06.10.2022 and 22.10.2022.
5. As this Court has been emphasising earlier, it is only if
there is a new culture of driving can such incidents be
controlled, particularly in view of the fact that number of
W.P.(C) Nos.34310/2019 & 32680/2008
vehicles are increasing day by day.
6. The Assistant Commissioner of Police submitted
that at least in the city of Kochi an earnest drive has begun
to foster such a culture and that drivers, particularly
transport and city buses, are being now effectively
monitored and trained with the intent of inculcation of the
fear of law in them and the necessity of safe driving on a
regular basis.
7. As said above, since the learned Special
Government Pleader sought time to place on record the
apposite reports, I adjourn this matter to be called on
10.11.2022.
Overhanging cables
8. A learned counsel of this Court, Sri.Jamsheed Hafiz
is stated to have met with an accident when an overhanging
cable strangled him, while he was riding a two-wheeler.
The photographs of the cable are on record as Exts.R17(b)
series, filed along with I.A.No.3/2022 in W.P.(C)
No.32680/2008.
9. What this Court feared has now come true.
10 Several orders have been issued to remove the
overhanging cables, anticipating such an eventuality; and it
W.P.(C) Nos.34310/2019 & 32680/2008
is solely providential grace that the victim only suffered
minor injuries, but which could have been potentially very
dangerous.
10. The learned amici curiae - Sri.P.Deepak, Sri.Vinod
Bhatt and Smt.S.Krishna will examine the pleadings in
I.A.No.3/2022 in W.P.(C) No.32680/2008 and take up the
matter with the Corporation of Kochi at the appropriate
level and report to this Court.
11. Sri.Janardhana Shenoy - learned standing counsel
for the Corporation of Kochi, will file a report with respect to
the averments in I.A.No.3/2022 in W.P.(C) No.32680/2008 by
the next posting date. The competent officer of the
Corporation of Kochi shall remain present for interaction on
that date.
H/o.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
stu
28-10-2022 /True Copy/ Assistant Registrar
