IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 27764 of 2011(S) -------------------------- PETITIONERS: --------------- 1. VIJAYAN, FORMER MEMBER THIRUVAMKULAM GRAMA PANCHAYATH, RESIDING AT THERAMPILLIL, IRIMPANAM.P.O., ERNAKULAM, KERALA.682 309. 2. SANJEEV KUMAR.M., CHANAYIL HOUSE, TOLL GATE ROAD, VADUTHALA, ERNAKULAM-23. BY ADV. SRI.C.K.ANWAR SRI.P.SATHISAN SRI.C.K.ANWAR RESPONDENTS: --------------- 1. ROAD SAFETY COMMISSIONER, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM.. 3. SECRETARY, DEPARTMENT OF TRANSPORTS, SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 6. FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED (FACT), REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE, ELOOR, UDYOGAMANDAL, 683 501. 7. ROAD TRANSPORT OFFICER, ROAD TRANSPORT OFFICE, ERNAKULAM. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 TO 5 SRI.GEORGE MECHERIL, G.P. FOR R1 TO R5 SR. ADV. SRI.A.K.JAYASANKAR NAMBIAR FOR R6 ADV. SRI.E.K.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1&P1(a): TRUE COPY OF PAPER REPORTS DT.12.12.2009. P2: TRUE COPY OF SAMPLE COMPILATION OF PASSAGE OF AMMNIA TANKERS PASSED THROUGH IRUMBANAM TOIL BOOTH ON 9.10.2011 BETWEEN 8 A.M. AND 6 P.M. P3: TRUE COPY OF PHOTOGRAPHS OF A FEW OF THE TRUCKERS TRANSPORTING AMMONIA DURING DAY TIME WITHOUT INSULATED TANKERS. P4: TRUE COPY OF PHOTOGRAPHS OF INSULATED TANKER. P5: TRUE COPY OF RELEVANT EXTRACT FROM TENDER CONDITIONS. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... W.P.(C) No.27764 of 2011 .................................................................... Dated this the 24th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. This is a public interest litigation filed for orders from this court prohibiting transport of compressed liquid Ammonia in tankers over the road from FACT Udyogamandal Division to Kochin Division. We have heard Senior counsel Sri.A.K.G.Nambiar appearing for FACT and Government Pleader appearing for remaining respondents. 2. Ammonia is a toxic substance and in the event of any accident of the tanker lorry and leakage, the same will lead to terrible consequence causing even human death. FACT is a Public Sector Company which has the manufacturing facility for Ammonia at Udyogamandal Division and the facility for manufacturing fertilizers with Ammonia as a raw material at the Kochin Division, which is 20 Kilometres away from the Udyogamandal Division. The Company has entered into agreement with transporters for transporting tanker loads of Ammonia from Udyogamandal Division to Kochin Division only W.P.(C) 27764/2011 2 during night i.e. avoiding transport from 8 a.m. to 8 p.m. Senior counsel appearing for FACT submitted that sufficient precautions are made in the contract ensuring safe transport in insulated containers because Ammonia is stored at minus 330 C and transport of the same during day time itself is not safe. The petitioners' case is that in violation of the agreement with the Company, the transporters are transporting during day time which is a risk to the public life. 3. After hearing both sides, we feel the company should ensure compliance of the terms of transport which means that no load should be allowed to be released from the Udyogamandal Division, say, after 7 O' clock in the morning and before 8 O' clock in the evening. Since the tankers are huge, approximate travel time may be around an hour and, therefore, the above timing for release of truck loads from Udyogamandal Division will ensure that no transport is made between 8 a.m. and 8 p.m. There will also be direction to the Company to ensure that tankers are checked on a steady basis and to ensure that there is no valve leakage or damage to insulation. Besides this, the suitability and experience of the crew particularly, the driver, also W.P.(C) 27764/2011 3 should be ensured by the Company. 4. The loads of Ammonia transported pass through very thickly populated areas and most of the distance covered are under two Corporations and so much so, risk is there in the event of accident even during night. The impact of accident and possible leak probably may be less during night and it is not as if any such eventuality will not affect safety of public life. We, therefore, feel the Company should take immediate steps for arranging transport through insulated vessels through water as there is connectivity through water between the two Divisions. Senior counsel appearing for the Company submitted that on account of obstructions created in the waterway by the fishermen, the Company may find it difficult. We do not think fishermen can block waterways used for transport of toxic material between two Divisions. It is for the company to approach the State government to get all the obstacles removed for transport through water. The Company also should be permitted to instal lights and other safety measures for transport of Ammonia through water. By shifting the transports through waterways, the Company will be able to save W.P.(C) 27764/2011 4 substantial amount towards transport cost. These huge tankers, no doubt, cause substantial traffic obstruction also and, therefore, there is every reason for the Company to immediately arrange for shifting the transport from road through water. W.P.(C) is disposed of with the above observations and directions. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms