Full Judgment
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, WP(C) NO. 14668 OF 2016 PETITIONER/S: THE COURT ON ITS OWN MOTION SUO MOTU PROCEEDINGS INITIATED ON THE PAPER REPORTS REGARDING THE ISSUE OF OCCURRENCE OF FREQUENT ACCIDENTS ON CONTAINER ROAD, KOCHI. RESPONDENT/S: 1 THE GOVERNMENT OF INDIA REP. BY THE SECRETARY, MINISTRY OF SHIPPING, NEW DELHI. 2 THE CHAIRMAN KOCHIN PORT TRUST, ERNAKULAM. 3 THE DISTRICT COLLECTOR ERNAKULAM. 4 THE DISTRICT POLICE CHIEF ERNAKULAM. 5 THE CITY POLICE COMMISSIONER KOCHI CITY. 6 THE SECRETARY KOCHI MUNICIPAL CORPORATION. 7 THE CHAIRMAN GCDA, KOCHI. 8 THE SECRETARY ELOOR MUNICIPALITY, ERNAKULAM. -2-
9 THE SECRETARY KALAMASSERY MUNICIPALITY, ERNAKULAM. 10 THE SECRETARY CHERANELLOOR GRAMA PANCHAYATH, ERNAKULAM. 11 THE SECRETARY MULAVUKADU GRAMA PANCHAYATH, ERNAKULAM. 12 ADDL.R12 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS SECRETARY, G.5 AND 6 SECTOR- 10, DWARAKA, NEW DELHI-110075. 13 ADDL.R13 DUBAI PORT WORLD REPRESENTED BY ITS MANAGING DIRECTOR, INDIA GATEWAY TERMINAL PRIVATE LIMITED, ADMINISRATION BUILDING, ICTT, VALLARPADAM SEZ, MULAVUKADU VILLAGE, ERNAKULAM-682502. 14 ADDL.R14 GOSREE ISLANDS DEVELOPMENT AUTHORITY (G.I.D.A) REPRESENTED BY ITS SECRETARY, BUILDING NO.45/965- C, GOSREE CHATHIATH ROAD, PACHALAM P.O, KOCHI- 682012. (ADDL.R12 TO R14 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 08/04/2016) 15 ADDL.R15 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. (ADDL.R15 IS SUO MOTU IMPLEADED VIDE ORDER DATED 29/06/2016) 16 ADDL. R16 THE SECRETARY OF GOVERNMENT, NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI.
ADDL. R16 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 01/11/2019) BY ADVS. BABU KARUKAPADATH,SC,COCHIN CORPORA ARUN ANTONY, SC, GCDA M.K.ABOOBACKER,SC KALAMASSERY MUNICIPALITY VARGHESE K.PAUL M.A.ABDUL HAKHIM LATHA ANAND, SC, COCHIN PORT TRUST B.G.BIDAN CHANDRAN K.JOHN MATHAI KURYAN THOMAS -3- JOSON MANAVALAN C.N.PRABHAKARAN MANU S., DSG OF INDIA I. SHEELA DEVI SR. GP. T. K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH WP(C).18450/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, WP(C) NO. 18450 OF 2019 PETITIONER/S: GEORGE ABRAHAM, AGED 38 YEARS S/O.K.V.ABRAHAM, KARICKATTUPARAMBIL HOUSE, POTTAKKUZHI ROAD, HOUSE NO.43/1831, PACHALAM P.O., ERNAKULAM, PIN- 682012. BY ADVS. C.S.MANU SRI.C.A.ANUPAMAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 DISTRICT COLLECTOR, COLLECTORATE, P.O., ERNAKULAM- 682030. 3 DISTRICT POLICE CHIEF AND COMMISSIONER OF POLICE, KOCHI CITY, REVENUE TOWER, ERNAKULAM, PIN- 682011. 4 REGIONAL TRASNPORT OFFICER, COLLECTORATE P.O., ERNAKULAM- 682030. 5 STATION HOUSE OFFICER, MULAVUKAD POLICE STATION, NH-966A, PONNARIMANGALAM, ERNAKULAM- 682504. -5-
6 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, VII-511-B, NEYTHELI- MAVELIPURAM ROAD, KAKKANADU, ERNAKULAM- 682030. BY ADVS. SMT.I.SHEELA DEVI A.P.SUBHASH OTHER PRESENT: SR.GP.T.K.VIPINDAS; THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH WP(C).14668/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -6-
JUDGMENT
Dated this the 28th day of November, 2023
V. G. Arun, J.
These writ petitions, one filed in public interest and the other registered suo motu, pertain to the frequent accidents on the Vallarpadam Container Terminal Road in Kochi, due to the indiscriminate parking of huge trucks by the side of the road.
2. When these writ petitions were taken up for consideration,
the learned Senior Government Pleader, on instructions, submitted that stringent action has been taken against illegal parking. 7698 instances of illegal parking were detected and the violators were forced to remit an amount of Rs. 19,24,500/- towards penalty. Over and above this, 272 suo motu cases have been registered against illegal / obstructive parking of container lorries along the Container Terminal Road.
3. It is further submitted that, at present, about 2500
container lorries are engaged for the smooth functioning of the -7- International Container Trans-shipment Terminal. Various agencies are providing parking facilities to container lorries by leasing land from the Cochin Port Trust authorities. As of now, there is parking facility for about 830 container lorries and about 100 container lorries are parked by the lorry owners on their own land. Out of the balance 1370 container lorries, 750 are in movement, being engaged in transportation. Rest of the lorries are not allowed to park on the Container Terminal Road and are hence safely parked in other areas. Having heard the learned Senior Government Pleader and the learned counsel for the Cochin Port Trust, we are convinced that all efforts are being taken by the authorities to deal with the
issues arising out of the indiscriminate parking of container lorries
on the Container Terminal Road. We expect the authorities to continue their vigil and take stringent action against violators. The authority shall also take measures for identifying space for parking the rest of the lorries. -8- The writ petitions are disposed of accordingly. Pending Interlocutory Applications, if any, shall stand closed. Sd/- A. J. DESAI CHIEF JUSTICE Sd/- V. G. ARUN JUDGE Eb -9- APPENDIX OF WP(C) 18450/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT SENT BY REGISTERED POST TO THE 1ST RESPONDENT BY THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED
02.05.2019 UNDER THE RIGHT TO INFORMATION ACT FILED BEFORE THE 2ND RESPONDENT AND THE REPLY RECEIVED. EXHIBIT P3 VARIOUS PHOTOGRAPHS THE CONTAINER TRAILERS PARKED ON THE NH 966A(CONTAINER ROAD) AND IN FROM OF THE LAVATORY COMPLEX AT THE PONNARIMANGALAM TOLL PLAZA.