M P Ashraf vs The State Of Kerala
2023 Latest Caselaw 1627 Ker

Citation : 2023 Latest Caselaw 1627 Ker
Judgement Date : 27 January, 2023

Kerala High Court

M P Ashraf vs The State Of Kerala on 27 January, 2023

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                    WP(C) NO. 2186 OF 2023
PETITIONER:

          M P ASHRAF
          S/O KUNHIMARAKKAR KUTTY,
          MOOSANTEPURAKKAL HOUSE, AAL BAZAR,
          PARIYAPURAM, TANUR PO,
          MALAPPURAM DISTRICT, PIN - 676 302.

          BY ADVS.
          P.T.SHEEJISH
          P.P.RAVOOF


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          PUBLIC WORKS DEPARTMENT, 1ST FLOOR,
          NORTH BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE KERALA STATE ROAD SAFETY AUTHORITY
          REPRESENTED BY COMMISSIONER, TRANS TOWERS,
          VAZHUTHACAUD, VAZHUTHACAUD PO,
          THIRUVANANTHAPURAM, PIN - 695 014.

    3     DISTRICT COLLECTOR MALAPPURAM,
          CHAIRMAN OF DISTRICT ROAD SAFETY COUNCIL,
          COLLECTORATE, MALAPPURAM PO,
          MALAPPURAM, PIN - 676 505.

    4     DIVISIONAL MANAGER OF RAILWAY -
          PALAKKAD DIVISION, KALLEKKULANGARA,
          OLAVAKODE, PALAKKAD, KERALA, PIN - 678 002.
 W.P.(C)No.2186 of 2023
                                   -:2:-


    5          EXECUTIVE ENGINEER
               PWD NH DIVISION, UP HILL, MALAPPURAM PO,
               MALAPPURAM, KERALA, ., PIN - 676 505.

               BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C)No.2186 of 2023
                                -:3:-



                           JUDGMENT

Dated this the 27th day of January, 2023

S.Manikumar, C.J.

This Public Interest Litigation is filed for issuance of a writ

of mandamus or any other appropriate writ, order or direction

to the respondents 2 and 3, to immediately consider Exhibits

P1 and P2 representations of the petitioner, forthwith, by this

Court.

2. Short facts leading to the filing of the writ petition are

as under:

Noticing that several big and small cracks and potholes

are formed on the Muchikal Railway Bridge road, located

between Tirur and Tanur on Chamravattam path, which is an

easy route that is connecting the cities of Kozhikode-Ernakulam

and which have become severe danger for thousands of

passengers and vehicles traveling on the said road, on behalf of W.P.(C)No.2186 of 2023

the request of many local residents, the petitioner has

preferred representation dated 13.01.2023, before the State

Road Safety Commissioner and District Collector, Malappuram,

respondents 2 and 3, for an efficacious action in the above

issue. The inaction of the respondents in considering the

representation persuaded the petitioner to file the writ

petition.

3. Translated version of Exhibit-P1 representation dated

13.01.2023, submitted by the petitioner to the Kerala State

Road Commissioner and District Collector, Malappuram, is

reproduced:

"M. P. Ashraf, Complainant

S/o. Kunhimarakkar Kutty,

Moosantepurakkal House, Aal, Pariyapuram,

Bazar Tanur, Malappuram District, 676302

Mb: 9447133096

Subject : Regarding the accident on the bridge over the W.P.(C)No.2186 of 2023

Muchikal Railway On the state highway between Tirur and Tanur in Malappuram District.

Sir,

1. The cracks formed on the Muchikal railway bridge located between Tirur and Tanur on Chamravattam path, an easy route connecting the cities of Kozhikode-Ernakulam have become dangerous for thousands of passengers and vehicles traveling on the road.

2. Due to the fact that the authorities are not ready to solve the problem despite the formation of potholes and big cracks on the bridge, there is a situation where passengers are in danger on a daily basis. It has become a daily occurrence for two-wheelers to jump into the big potholes hidden on the bridge and fall in front of the big vehicles. Passengers escape without risk of life only.

3. The poor condition of the bridge has been brought to the attention of the authorities by the passengers and locals many times but no steps have been taken by the public works departments or the railway authorities to solve the problem. Moreover, the authorities have not repaired the handrail which was damaged by a lorry 2 years ago on the uppermost part of the bridge (on the western side). It is still temporarily closed with wooden rods and iron bars. The pillars of the handrails are also cracked and the pillars are likely to fall at any moment. The condition of the bridge where thousands of passengers and vehicles are crossing has become a threat to the live of the general public.

4. This action of the authorities is against kerala road safety authority Act, 2007 and Kerala Road Safety authority rules and Kerala Highway Protection Act, 1999, PWD manual related to road safety and maintenance of roads and bridges. The approach of working up and acting only after W.P.(C)No.2186 of 2023

loss of life and accidents should not be allowed at all.

Therefore, it is requested that there should be an urgent intervention in this matter, considering the life and safety of the public and necessary steps should be taken to solve the above issue immediately.

Dated 13.01.2023

M.P. Ashraf"

4. It is the contention of the petitioner that despite

bringing the attention of the condition of the roads, safety and

maintenance to the abovesaid authorities, no action was taken.

5. Having regard to the limited prayer sought for, Mr. V.

Tekchand, learned Senior Government Pleader, submitted that

the District Collector, Malappuram, respondent No.3, being the

Chairman of the District Road Safety Council, would consider

the representation as stated supra, within two weeks.

Placing on record the above said submission, writ petition W.P.(C)No.2186 of 2023

is disposed of, directing the District Collector, Malappuram,