IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12566 of 2008(M) -------------------------- PETITIONER: ------------ LATHA PRABHAKARAN, D/O.LATE DR.PRABHAKARAN AGED 43 YEARS, ADVOCATE, FLAT NO.201, SREYAS APARTMENTS, OFF PERANDOOR ROAD, KALOOR.P.O., KOCHI-682017. ERNAKULAM DISTTICT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENTS: ------------- CORPORATION OF COCHIN, CORPORATION OFFICE, ERNAKULAM-682011. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.RAMESH BABU,S.COCHIN CORPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 12566 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT The petitioner is a lawyer by profession and she practises in this court as well as various subordinate courts at Ernakulam. She is the owner and occupant of a flat in “Sreyas Apartments” stated to be situated about 900 meters away from Kaloor junction near to Kaloor Elamakkara road which is also known as Perandoor Road and LFC road. According to the petitioner her law chamber is on the third floor of Metro Plaza near the High Court and that after the court works, she attends her office and is able to leave office only after 7:30 p.m. The grievance of the petitioner is that due to the deplorable condition of Kaloor Elamakkara road, auto rickshaw drivers are reluctant to ply their auto rickshaws through that road. Even willing drivers demand exorbitant charges on account of the unsafe condition of the road. The road is neither walkable nor motor worthy. Petitioner's mother is an acute osteoporosis patient who is finding it extremely difficult on WPC.No.12566/08 2 account of the condition of the terrain of the road to walk through the road or to hire an auto rickshaw for visiting the nearby temples. The Kaloor Perandoor road is statutorily vested with the Corporation of Cochin - the respondent and the petitioner contends that the respondent has a bounden duty to keep the road motor worthy and walkable. The petitioner submits that the honourable Mayor of the respondent Corporation had made a public announcement that all the roads within the Corporation area especially those which are bus routes shall be repaired and tarred on or before the 31st March 2008. The declaration and assurance of the Mayor notwithstanding absolutely nothing has been done towards repairing and tarring the Kaloor-Elamakkara road apart from putting some red earth at the entrance of the road from Kaloor side. Due to the untimely rain, the red earth which got mixed with water has spread over the road and it has become virtually impossible for any vehicle to ply through the road and any person to walk upon the same. The petitioner submits that about 1 km. from Kaloor junction to Pottakuzhi junction, the Elamakkara road is full of gutters which make the road dangerous for two wheelers. Incidents of WPC.No.12566/08 3 two wheeler drivers falling into the gutters and getting injured are frequent. This road is a very important road since the same is an alternate road for avoiding the traffic congestion on the Kaloor junction and the Kaloor Palarivattom limb of the high way. By not repairing this road, the respondent is neglecting to discharge its statutory functions. The petitioner has on various grounds filed this writ petition seeking a writ of mandamus commanding the respondent Corporation to do all necessary repairs and to tar the road without delay and within a time frame. 2. On considering this writ petition for admission, Sri.S.Ramesh Babu, standing counsel for the Corporation who took notice was directed to seek instructions from the Corporation as to why the Corporation has allowed the subject road to remain in the present “deplorable” condition even as the Corporation has already re-metaled and re-tarred a good number of other roads belonging to the Corporation. 3. On 11/04/2008, today, the learned standing counsel submitted that he has received instructions and I have accordingly WPC.No.12566/08 4 heard the submissions of Sri.K.M.Jamaludheen, learned counsel for the petitioner and Sri.S.Ramesh Babu, standing counsel for the Corporation. Sri.K.M.Jamaludheen would submit that the condition of the Kaloor-Perandoor road is deplorable and that the road has to be re-metalled and tarred immediately lest vehicles and pedestrians should find it extremely difficult to travel. Learned counsel submitted that several unimportant roads which have no bus services on them have been re-metalled and re-tarred. But the corporation for reasons best known to it is adamant in its stand that this particular road will not be repaired. The drains by the side of these roads are kept uncovered at many places. As a result of this the optimum utilisation of this road which is too narrow for bus traffic has become impossible. The situation warrants issuance of positive directions by this court immediately lest the vehicular and pedestrian traffic should continue to suffer, so submitted the learned counsel. 4. Learned standing counsel for the Corporation did not make any endeavour to dispute the correctness of the submissions regarding the condition of the road. According to the learned standing counsel as WPC.No.12566/08 5 in the case of other city roads belonging to the Corporation this road will also be repaired and tarred. The work was started,but had to be stopped due to the unexpected summer rains. All necessary works will be completed according to the standing counsel within a period of two weeks provided the work is not interrupted by rains. Standing counsel clarified that the entire stretch of the road from Kaloor junction to Elamakkara is not vested in the Corporation. It is only the one kilometre long stretch from Kaloor to Pottakuzhi junction which is vested with the Corporation. 5. Having considered the averments in the writ petition which are not controverted by the Corporation by filing any counter affidavit and the submissions addressed at the Bar, I am of the view that there is justification for directing the Corporation to complete all works necessary for restoring the road in question to a traffic worthy condition within a time frame. The writ petition is therefore disposed of issuing the following directions: The respondent is directed to commence and complete all works necessary for restoring the Corporation's portion starting from Kaloor WPC.No.12566/08 6 junction to the Pottakuzhi junction on the Kaloor-Perandoor road to a traffic worthy condition by the 15th of May 2008. The uncovered drains by the side of this road shall be covered by loading slabs. The road shall be metalled and tarred to the best of standards so that the road becomes worthy for all types of traffic vehicular and pedestrian by the 1st of May 2008. Writ Petition allowed. But without costs. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.12566/08 7