A City Where Pedestrians Cannot Walk Is Virtually Worthless: Kerala High Court Directs Police To Ensure No Parking Of Vehicles On Footpaths

In a matter related to the road safety, the Kerala High Court on Thursday delved into the issue of overhanging cables, footpath maintenance, and reckless driving by vehicles, particularly private buses.

Justice Devan Ramachandran, observed:

"As the Court has been saying earlier, the concept of maintenance of roads has assumed larger proportions, and we are concerned with road safety as an umbrella of issues". 

The Court thereafter proceeded to address each of the issues related to road safety.

A. Hanging Cables:

The Court noted that the propensity of certain entities to leave cables along the footpaths and the driving area in roads was a matter of great concern. 

The Standing Counsel of the Cochin Corporation submitted that a report had been filed on record showing the action taken. However, the counsel added that Kerala State Electricity Board (KSEB) also needs to be added as a party in the case since the cables are laid on the poles with their permission.

The Court thus impleaded the KSEB, represented by the Secretary, Thiruvananthapuram, as an additional respondent. 

The corporation was also granted liberty by the court to take up any issue with respect to hanging cables with the appropriate authority of the KSEB. The latter was also directed to offer all assistance for the same. 

"This is not an issue that can be left casually, and all dangerous cables will have to be removed without any delay," said the court.

The Court fixed two weeks time for the same, and directed the action taken report be filed by the next date of hearing. 

B. Footpath:

The court noted with dismay that nothing had materialised with respect to its 'Operation Footpath'. It observed that footpaths in the city are mostly laid on the drains and in addition, most people use the pedestrian ways for parking of the vehicles.

The Court noted that although it has not ordered the police to crackdown on such tendencies as it is aware of the problems faced by the citizens, "the issues of pedestrians cannot be lost sight of particularly because a city in which they cannot walk is virtually worthless". 

The Court further said that because footpaths are non-existent and people are scared to use the roads for walking, the number of vehicles has increased on the streets.

"There may not be a quick fix to this but an effort has to be taken", said the court.

It was submitted by the Amici Curiae, Vinod Bhat and S. Krishna, that they have started devoting their attention to the said issue as well and have received inputs from citizens in this regard. 

The Court directed the standing counsel of the Cochin Corporation to take up the issue with the competent authorities, and file a comprehensive report regarding the nature and quality of footpaths in the Cochin City, along with recommendations , if any, to ensure that the grid of footpaths are restored and properly maintained.

The Court further directed that in the meanwhile, the Commissioner of Police ought to ensure that no vehicles are allowed to be parked on designated pedestrian areas and footpaths. 

Upon being informed by the Special Government Pleader Santhosh Kumar that large number of vehicles had already been proceeded against for such violations, the court said:

"It is not merely registration of cases which are important, but the sensitization of citizens ... not to park their vehicles in footpaths and pedestrian areas, which is necessary". 

C. Reckless Driving By Private Buses And Other Vehicles:

The Court took note of the report filed by Special Government Pleader Kumar, indicating the action taken by the police to control the culture of reckless driving in the city, particularly by large vehicles.

It was submitted by the Special GP that a change was already being seen in this regard, and that the vehicles were now being driven better. 

The Court in this light, reiterated its earlier observation that the culture of driving has to change.

"Somehow our drivers have come to believe that they can drive in any manner they want, and that the road belongs only to them without any care for the safety of the fellow user. When each of them began to think so, the result is chaos. Excuses like financial gain, loss of revenue, etc by transport buses can certainly not justify the violation of laws. I am certain that the action taken by police requires commendation, however, they become complacent, and it has to be an ongoing process until, as I have said earlier, the culture of driving changes, and everyone understands that what is in their command is a killing machine if not used correctly", the Court observed. 

Posting the matter for hearing on December 09, the court directed the police to continue their action, and file periodic reports before it.

Case Title: Pauly Vadakkan v. Corporation of Cochin