Kerala High Court
C.P.Ajithkumar vs State Of Kerala on 13 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
WP(C) NO. 32680 OF 2008
PETITIONER:
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.
6. ADDL.R6.THE CHIEF ENGINEER, (NATIONAL HIGHWAYS), TRIVANDRUM-695033.
7. ADDL.R7.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 INIA.15338/2008).
8. ADDL.R8.THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT COCHIN,
NATIONAL HIGHWAY AUTHORITY OF INDIA, MANGALYA VAIDHYA MADOM, VYTILA,
ERNAKULAM.
9. ADDL.R9.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.)
10. ADDL.R10.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.)
11. ADDL.R11.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 12.10.2011 DATED IN
IA.15616/2011.)
12. ADDL.R12 KERALA GOVERNMENT CONTRACTORS ASSOCIATION, HEAD OFFICE
SREEKUMAR BUILDING, IRON BRIDGES.P.O., ALAPPUZHA-688001, REPRESENTED
BY ITS PRESIDENT VARGHESE KANNAMPALLY
13. ADDL.R13. 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.)
14. ADDL.R14.THE DISTRICT COLLECTOR, ERNAKULAM. (ADDL.R14 IS SUO MOTU
IMPLEADED AS PER ORDER DATED 11.10.2019 IN WPC.)
15. ADDL R15 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.
16. ADDL.R16. THE COMMISSIONER OF POLICE, KOCHI.(IS SUO MOTU IMPLEADED
AS ADDL.R16 AS PER ORDER DATED 14-01-2022 IN WP(C) 32680/2008).
17. ADDL. R17.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.)
18. ADDL. R18. REGIONAL OFFICER, NHAI, THIRUVANANTHAPURAM
IS SUO MOTU IMPLEADED AS ADDITIONAL R18 AS PER ORDER DATED
08/08/2022 IN WP(C) 32680/2008.
19. ADDL. R19. 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.
20. ADDL. R20. JAMSHEED HAFIZ, S/O. MOOSAKUTTY, AGED 39 YEARS,
NEETHINILAYAM, TIRUR, MALAPPURAM DISTRICT, PIN- 676104, PRESENTLY
RESIDING 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.
21. ADDL.R21. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE
SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695004 IS
SUO MOTU IMPLEADED AS ADDL. R21 AS PER ORDER DATED 10.11.2022 IN
WP(C) 32680/2008.
22. ADDL R22. EDRAAC (ERNAKULAM DISTRICT RESIOENTS ASSOCIATION'S APEX
COUNCIL), REG. NO.ER/735/03, CORPORATION SHOPPING COMPLEX, SUBHASH
CHANDRA BOSE ROAD JUNCTION, PONNURUNNI, VYTTILA, COCHIN-19, PIN-
682019
ADDITIONAL R22 IMPLEADED AS PER THE ORDER DATED 08.03.2023 IN I.A.
1/2023.
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 BIDAN CHANDRAN, STANDING COUNSEL FOR ADDL.R18.
BY SRI.RILGIN.V.GEORGE, ADVOCATE FOR ADDL.R20.
BY SRI.B.ARUNKUMAR, STANDING COUNSEL FOR ADDL.R21.
BY M/S.ATUL SOHAN, R.REJI, SREEJA SOHAN.K, ADVOCATES FOR ADDL.R22.
BY M/S.S.KRISHNA, P.DEEPAK AND VINOD BHAT, AMICI CURIAE.
This Writ Petition (Civil) having come up for orders on 13.11.2024, upon
perusing this court's judgment dated 18.10.2019 and order dated 06.11.2024, the
Court on the same day passed the following:
DEVAN RAMACHANDRAN, J.
-----------------------
W.P(C) Nos.32680 OF 2008 & 34310 OF 2019
----------------------------------------
Dated this the 13th day of November, 2024
O R D E R
The Aroor-Thuravoor stretch still remains a
problem, says the learned Amicus Curiae -
Sri.Vinod Bhat.
2. Sri.Lijo Joseph George - learned
Standing Counsel for the National Highway
Authority of India (NHAI), in response,
submitted that his client has filed an affidavit
detailing the problems faced by them. The
District Collector, Alappuzha is, therefore,
directed to file his reply to the affidavit by
the next posting date. The said affidavit shall
answer each of the issues projected by the NHAI.
3. In the meanwhile, I request the learned
Amicus Curiae to visit the stretch and report
whether there has been any changes. They will be
W.P(C) Nos.32680 OF 2008 & 34310 OF 2019
given all facilities for this by the NHAI,
including transportation. The learned Amicus
Curiae will file a report by the next posting
date.
4. The learned Amicus Curiae also informs
this Court that the stretch between Kacheripady
in Kochi till Ayyappankavu and beyond are not in
a good shape.
5. Sri.Janardhana Shenoy - learned Standing
Counsel for the Corporation, seeks time to
verify this.
6. It has been brought to the notice of
this Court, again by the learned Amicus Curiae -
and this Court has copies of the reports in
press - that a French citizen fell into an open
ditch in Fort Kochi and broke his leg. This is
rather unfortunate and perhaps even effecting
the fair name of our cities and State in the
Tourist Map of the world. This Court is not
W.P(C) Nos.32680 OF 2008 & 34310 OF 2019
aware of the reasons or the truth yet; but the
answer should be provided by the competent
Authorities. Sri.Janardhana Shenoy - learned
Standing Counsel for the Corporation, submitted
that the work appears to be conducted by the
Cochin Smart Mission Limited (CSML).
7. Whoever be the owner of the stretch, or
to have executed the work, the fact remains that
averting dangerous situations is the
responsibility of the concerned public
officials. The District Collector is, therefore,
directed to look into this incident and file a
report before this Court, including within the
umbra of the Disaster Management Act.
7. The learned Amicus Curiae also says that
they have obtained request from the Resident's
Association of the "Palapparamb Road", to the
effect that the tiles laid on it are in
W.P(C) Nos.32680 OF 2008 & 34310 OF 2019
dislodged manner, thus making it impossible to
use it, even for pedestrians.
8. Sri.Janardhana Shenoy - learned Standing
Counsel for the Corporation, confirmed that such
a representation has been received by his client
and that they are in the process of rectifying
the issue. He is, therefore, directed to file a
report on this issue by the next posting date.
Post on 20.11.2024.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
13-11-2024 /True Copy/ Assistant Registrar
