Allowed

Roshan Jacob Oommen v. State of Kerala

Kerala HC5 Oct 2016WP(C)/19881/2016

Case brief

AI extract

What is this about?

A PIL challenging safety hazards like uncovered footpaths and illegal parking. The Court found authorities satisfied except Kochi Corporation during metro work, granting three months to remove illegal parking and disposing of the petition accordingly.

What did the court decide?

Three months time is granted to the Kochi Corporation to remove all illegal parking spaces in roads and footpaths.

Roshan Jacob Oommen Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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WP(C).No. 19881 of 2016 (S)

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PETITIONER(S) :-

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ROSHAN JACOB OOMMEN, AGED 30, S/O. B.O. THOMAS, VILLAGE LAKE RETREAT, CHIRAKKAL, KANNUR.

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BY ADV. SRI.ROSHAN JACOB OOMMEN (PARTY IN PERSON)

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RESPONDENT(S) :-

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1. STATE OF KERALA REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. STATE OF KERALA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.

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3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

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ADDL.4. THE SECRETARY, CORPORATION OF KOCHI, CORPORATION MAIN OFFICE, ERNAKULAM, KOCHI - 682 011.

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ADDL.5. GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, ERNAKULAM, KOCHI - 682 020 REPRESENTED BY SECRETARY.

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ADDL.6. PUBLIC WORKS DEPARTMENT, ERNAKULAM, REP. BY ITS EXECUTIVE ENGINEER.

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ADDL.7. KOCHI METRO RAIL LTD., 8TH FLOOR, REVENUE TOWER, PARK AVENUE, KOCHI-682 011.

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ADDL.8. DELHI METRO RAIL CORPORATION, METRO BHAVAN, FIRE BRIGADE LANE, BARAKHAMBA ROAD, NEW DELHI - 110 001, REP. BY ITS MANAGING DIRECTOR. ADDITIONAL R4 TO R8 ARE IMPLEADED AS PER ORDER DATED 5.10.2016 IN I.A.No.9442/2016. ADDL.R7 BY ADV. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI, SC ADDL.R5 BY ADV. SMT.K.R.KRISHNAKUMARI, SC ADDL.R8 BY ADV. SMT.LATHA ANAND, SC ADDL.R4 BY ADV. SRI.MILLU DANDAPANI,SC R1-R3 & ADDL.R6 BY SR.GOVERNMENT PLEADER SRI.M.A.ASIF

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19881/2016

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APPENDIX

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PETITIONER'S EXHIBITS :-

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EXT.P1 :- TRUE COPY OF THE RELEVANT IMAGES INCLUDE FOOTHPATH UNCOVERED/PARTIALLY COVERED WITH SLABS, FOOTPATH COVERED WITH TEMPORARY AND DANGEROUS STRUCTURE, SLABS WHICH ARE DAMAGED WHEN HEAVY VEHICLES ARE PARKED, UNAUTHORIZED PARKING ON THE FOOTPATH.

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EXT.P2 :- TRUE COPY OF THE REPORT SUBMITTED BY THE M/S RITES. EXT.P3 :- TRUE COPY OF THE SURVEY REPORT IN THE HINDUSTAN TIMES.

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EXT.P4 :- TRUE COPY OF THE PEDESTRIAN AUDIT REPORT.

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EXT.P5 :- TRUE COPY OF THE LETTER WRITTEN BY JUSTICE V.R. KRISHNA IYER TO THE FORMER CHIEF MINISTER ON 21/3/2014 REQUESTING TO PROTECT THE INTEREST OF THE PEDESTRIANS.

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EXT.P6 :- TRUE COPY OF THE NEWS PAPER ARTICLES, THE HINDU, DATED 26.2.2013.

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EXT.P7 :- TRUE COPY OF THE NEWS PAPER ARTICLES, TIMES OF INDIA DATED 3.8.2015.

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EXT.P8 :- TRUE COPY OF THE NEWS PAPER ARTICLES, INDIAN EXPRESS DATED 28.7.2013.

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EXT.P9 :- TRUE COPY OF THE NEWS PAPER ARTICLES, THE HINDU, DATED 6.12.2015.

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EXT.P10 :- TRUE COPY OF THE NEWS PAPER ARTICLES, THE HINDU DATED 23.2.2016.

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RESPONDENT'S EXHIBITS :-

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//TRUE COPY//

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P.A. TO JUDGE

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MOHAN M. SHANTANAGOUDAR, C.J & SATHISH NINAN, J.

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W.P.(C) No.19881 of 2016 --------------------------------------Dated this the 5^th day of October 2016

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J U D G M E N T

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Mohan M. Shantanagoudar, CJ

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The petitioner, party-in-person is absent.

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This is a public interest litigation, seeking direction to the respondents to close the death holes on the footpath immediately with concrete slabs or surround the death holes with visible and clear cut structures informing the public to divert the death holes. The petitioner also prays for a direction to the State Police Chief to direct all the police stations in the State to prohibit parking of two wheelers and four wheelers on the footpath and also to designate clear cut parking areas for two wheelers and four wheelers. Certain other reliefs are also sought for.

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The District Collector, Ernakulam has filed the affidavit on 1.7.2016 pursuant to the direction issued by this Court on 20.6.2016, which discloses that the work of rectification of the potholes in footpaths and uncovered slabs over drainage on the side of the public roads within the limits of Kochi City is already completed. It is also stated that he had convened a meeting of all

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W.P.(C) No.19881 of 2016

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the stakeholders, including Greater Cochin Development Authority (GCDA), Cochin Corporation, Public Works Department (PWD), Delhi Metro Rail Corporation (DMRC) and Kochi Metro Rail Limited (KMRL) on 23.6.2016 so as to formulate specific programmes to rectify the potholes in the public roads, covering up slabs over open drainage, prohibiting the haphazard parking of vehicles including on walkways and also to take action on illegal parking on the walkways. According to him, certain specific plans are drawn up, which are as under :-

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(a) Because of lack of pre-monsoon maintenance program and activities, the public roads and footpaths are reduced to a pathetic condition. Hence, pre-monsoon maintenance and schedule of activities have to be worked out before each monsoon by the authorities related to public roads and footpaths within their respective jurisdiction and the schedule should be completed before the onset of monsoon.

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(b) The GCDA authorities have informed the District Collect that they have repaired the damaged roads along the Kaloor - Kadavanthra stretch by paving tiles and they are continuing the repair works of the public roads at major junctions. It is also brought to the notice of this Court that as the cable lying process of the KSEB is in progress along this stretch, the covering of drainage on footpaths could not be completed by them.

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W.P.(C) No.19881 of 2016

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(c) The PWD authorities have started the repair work on 24.6.2016 of the roads under their jurisdiction. Most of the damaged slabs were removed and new casted slabs were laid. The rectification activities are being carried out on a war footing basis.

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(d) The Kochi Corporation is stated to be more vigilant with respect to the condition of walkways in the city limits and timely action needs to be taken by them to rectify the damage caused to walkways and roads so as to make the passage of pedestrians more comfortable. The Corporation has to take action in accordance with law against the creation of illegal parking space and to remove the encroachment within one month.

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(e) All the agencies have agreed to do a spot inspection and identify the areas where damaged slabs, uncovered drainage and potholes are existing and to rectify the same on war footing so as to complete the rectification work expeditiously.

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(f) As the Kochi Metro Rail work is in progress over major roads in the city, the slabs removed and potholes created due to their development activities are being rectified by the KMRL. According to the DMRC, they have filled the potholes and carried out maintenance of drains and footpath slabs from Edappally to Vytilla along the Metro corridor. It is also brought to the notice of this Court by the DMRC that an agency for maintaining the roads throughout the monsoon period will be available with

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W.P.(C) No.19881 of 2016

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them and that the Metro corridor will be maintained without any major potholes.

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The statements made by the District Collector in the affidavit filed by him would reveal that adequate steps are taken to rectify the potholes and drainage slabs. However, the District Collector is stated to have directed the Kochi Corporation to remove all illegal parking spaces on roads and footpaths made by the building and shop owners in the city within one month.

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From the aforementioned affidavit, we are satisfied that except the Kochi Corporation, all other authorities are performing their duties to rectify the potholes and drainage slabs on the side of the public roads within the limits of the Kochi City.

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However, Sri.Millu Dandapani, learned Standing Counsel appearing for the Kochi Corporation brings to the notice of this Court that since the metro work is going on in M.G.Road, the vehicles are being parked on the footpath as a temporary measure. It is further submitted that once the metro work is completed, adequate parking space will be provided properly. It is also submitted that as of now, the Kochi Corporation has not initiated action against the persons, who are parking two wheelers in places which are not earmarked for parking, because it is only a

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W.P.(C) No.19881 of 2016

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temporary measure, due to lack of space and that the same may be condoned.

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Having accepted the affidavit filed by the District Collector and as we are satisfied that all the authorities except Kochi Corporation are doing the job in respect of closing the death holes on the footpaths etc., we do not deem it proper to comment anything on the merits of the matter.

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However, in view of the submission made by the learned Standing Counsel appearing for the Kochi Corporation, three months time is granted to them to remove all the illegal parking spaces in roads and footpaths.

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This writ petition is disposed of with the above observations.

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Sd/MOHAN M. SHANTANAGOUDAR CHIEF JUSTICE

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Sd/SATHISH NINAN JUDGE

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Jvt/7.10.2016

Roshan Jacob Oommen v. State of Kerala

Case brief

What is this about?

What did the court decide?

Roshan Jacob Oommen v. State of Kerala

Case brief

What is this about?

What did the court decide?

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