Potholes On Roads: Kerala High Court Warns Of Action Against Municipal Secretaries, District Collectors If Repairs Aren't Made

A single judge bench of Justice Devan Ramachandran noted that no action has been taken despite its previous orders directing District Collectors in their capacity as Chairpersons of the District Disaster Management Authority to treat even a pothole on the roads as a man-made potential disaster.

The Court further orally observed that roads would change only when the District Collectors start taking strict action against the authorities in the Public Works Department for their inaction. The Court stated that the authorities are responsible for ensuring that citizens are safe on the road and that they are not killed or injured due to potholes on the road. The Court stated that every citizen has a right to travel and the right to have a motorable road. It noted that every accident should be accounted as an extraordinary situation.

The court stated thus: "In the 21st century, if a citizen has to ask for at least motorable roads, certainly it is a matter of concern. The right to travel is fundamental, and denial of motorable roads is certainly, therefore, unacceptable."

As an illustration the court took note of the condition of the road between road between Kunnamkulam and Thrissur observing that it is in grave disrepair.

It thereafter said, "This Court really wonders what the District Collector in this case has done. Normally, therefore, I would have been justified in issuing notice to him, to explain his conduct, and show cause why action for contempt be not initiated". After the state's counsel submitted that the district collector had initiated action, the court thereafter granted a week's time to the official to explain himself.

The Court took note of the grave situation and stated that many citizens lost their lives due to potholes in the road. It stated that several citizens gets into road accidents, fracture their bones and become bedridden due to badly designed roads. The Court orally asked, “why is there no compensation for road accidents due to potholes, or bad roads?”

The Court orally said that it has received two hundred and three hundred complaints regarding potholes in roads and badly designed roads in the State. The court took note of the state counsel's submission while the condition of the road has improved however there is "still some way to go".

It thereafter orally remarked, “people have lost faith, and that is not good for a democracy…Every citizen is a VIP, you have to ensure that no person on the road is in danger.”

The Court enquired the Government Pleader about the average durability of roads in Kerala. It also enquired regarding safety audits. The Court remarked that there must be safety audits to ensure that the roads are safe and there are no potholes. It also enquired as to why warning boards are not kept on roads to warn citizens about potholes on roads or bad roads.

Last week, the official vehicle of Justice Ramachandran fell into a pothole near Mundoor Road while His Lordship was travelling for official purposes on the Thrissur-Kuttipuram road.

The Court directed the Thrissur District Collector to submit the action taken to repair the road. It further directed the National Highway Authority to report before the Court the action taken to repair the Arror-Thuravoor highway.

The matter is next listed on October 9. 

Case Title: Pauly Vadakkan v. Corporation of Cochin

Case number: WP(C) 34310/ 2019

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