In a writ petition seeking a direction to construct a speed breaker for child safety near schools, the Court observed that a resolution existed for installing rumble strips and found no need for further orders.
Petition disposed of finding no need for further orders as the respondent had decided to install rumble strips.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(C) NO. 414 OF 2022
PETITIONER/S:
ABDUL LATHEEF AGED 36 YEARS S/O.ALIKUTTY ALIKKAL, ALIKKAL HOUSE, KURUVATTOOR, PALAKKAD, PIN - 679 336. BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA
RESPONDENT/S:
1 THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS), SHORANUR, PIN - 679 121.
2 ROAD TRANSPORT OFFICER MINI CIVIL STATION, PATTAMBI, PIN - 679 303.
3 TRAFFIC REGULATORY COMMITTEE REPRESENTED BY ITS CONVENER, VALLAPPUZHA GRAMA PANCHAYATH, VALLAPPUZHA P.O., PALAKKAD, PIN - 679 336.
OTHER PRESENT:
SMT.PARVATHY KOTTOL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 414 OF 2022 2
JUDGMENT
Dated this the 3rd day of February, 2022
The petitioner, who is a permanent resident of Kuruvattoor Desom in Vallapuzha Grama Panchayath, has approached this Court seeking to direct respondents 1 to 3 to construct a speed breaker in Vaniyamkulam-Vallapuzha Road near to Kuruvattoor LP School, KCM UP School and Hayathudheen Madrasa, within a time frame.
WP(C) NO. 414 OF 2022 3
by the 3rd respondent Traffic Regulatory Committee on
24.11.2021, in which it was resolved to install a speed breaker in the aforesaid PWD Road called Kuruvattoor Madrasa Road along with installation of reflection stones and rumble strips. Unless a speed breaker is erected, the life of the children in the area is in danger, contends the petitioner.
“5. It is submitted that speed breaker/humps are not advisable on roads as it adversely affect the through traffic and are not generally be installed on State Highways and Major District Roads. Speed breakers can be a source of serious hazards and accidents to the fast moving vehicles. To resolve the issue and for the safety of road users, an estimate has been prepared and submitted for approval on 29.10.2021 for providing rumble strips using thermoplastic compound at Kuruvattur (Km 9/800) in Vaniyamkulam-Vallapuzha road. The estimate is under financial scrutiny in the Office of the Chief Engineer, PWD Roads, Thiruvananthapuram. After getting sanction, the work will be arranged.
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decided to remove all the humps/speed breakers in roads causing accidents. Therefore providing speed breakers in straight road stretches will lead to accidents and it must be avoided. “
resolving the issue for providing rumble strips using thermoplastic compound at Kuruvattoor in VaniyamkulamVallapuzha road, as stated in paragraph 5 of the statement, this Court is of the view that no further orders are required in this writ petition.
Accordingly, this writ petition is disposed of recording paragraph Nos. 5 and 6 of the Statement dated 19.01.2022
filed by the 1st respondent.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO. 414 OF 2022 5
APPENDIX OF WP(C) 414/2022
PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE COMMUNICATION DATED 18/03/2020 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 THE COPY OF THE COMMUNICATION DATED 23/10/2020 ISSUED BY THE PRESIDENT, VALLAPPUZHA GRAMA PANCHAYATH TO THE 2ND RESPONDENT. Exhibit P3 THE COPY OF THE RESOLUTION DATED 24/11/2021 OF THE 3RD RESPONDENT.
1 issue framed by the court
Whether the writ petitioner is entitled to a direction for constructing a speed breaker given the department's proposal for rumble strips.
Abdul Latheef
The Assistant Executive Engineer Public Works Department (Roads), Shoranur
Road Transport Officer Mini Civil Station, Pattambi
Traffic Regulatory Committee Represented By Its Convener, Vallappuzha Grama Panchayath
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
