Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(C) NO. 414 OF 2022 PETITIONER/S: ABDUL LATHEEF AGED 36 YEARS S/O.ALIKUTTY ALIKKAL, ALIKKAL HOUSE, KURUVATTOOR, PALAKKAD, PIN - 679 336. BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA RESPONDENT/S: 1 THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS), SHORANUR, PIN - 679 121. 2 ROAD TRANSPORT OFFICER MINI CIVIL STATION, PATTAMBI, PIN - 679 303. 3 TRAFFIC REGULATORY COMMITTEE REPRESENTED BY ITS CONVENER, VALLAPPUZHA GRAMA PANCHAYATH, VALLAPPUZHA P.O., PALAKKAD, PIN - 679 336. OTHER PRESENT: SMT.PARVATHY KOTTOL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 414 OF 2022 2
JUDGMENT
Dated this the 3rd day of February, 2022 The petitioner, who is a permanent resident of Kuruvattoor Desom in Vallapuzha Grama Panchayath, has approached this Court seeking to direct respondents 1 to 3 to construct a speed breaker in Vaniyamkulam-Vallapuzha Road near to Kuruvattoor LP School, KCM UP School and Hayathudheen Madrasa, within a time frame.
2. The petitioner states that near to the house of the
petitioner, there are Educational Institutions named KMLP School, Kuruvattoor and a Madrasa called Hayathudheen Madrasa Kuruvattoor, where more than 200 children are studying. The road in front is having a bend and a blind curve. It abuts the aforesaid Educational Institutions. The children in the School and Madrasa frequently cross the road. Vehicles are recklessly and negligently driven in this area. Therefore, installation of a speed breaker becomes highly necessary. WP(C) NO. 414 OF 2022 3
3. According to the petitioner, a meeting was convened
by the 3rd respondent Traffic Regulatory Committee on 24.11.2021, in which it was resolved to install a speed breaker in the aforesaid PWD Road called Kuruvattoor Madrasa Road along with installation of reflection stones and rumble strips. Unless a speed breaker is erected, the life of the children in the area is in danger, contends the petitioner.
4. A statement was filed by the 1st respondent- Assistant Executive Engineer. In the statement the 1st respondent stated that:-
“5. It is submitted that speed breaker/humps are not advisable on roads as it adversely affect the through traffic and are not generally be installed on State Highways and Major District Roads. Speed breakers can be a source of serious hazards and accidents to the fast moving vehicles. To resolve the issue and for the safety of road users, an estimate has been prepared and submitted for approval on 29.10.2021 for providing rumble strips using thermoplastic compound at Kuruvattur (Km 9/800) in Vaniyamkulam-Vallapuzha road. The estimate is under financial scrutiny in the Office of the Chief Engineer, PWD Roads, Thiruvananthapuram. After getting sanction, the work will be arranged.
6. It is submitted that in the Traffic Regulatory Committee
Meeting held on 24.11.2021, the Traffic Police has reported that constructing speed breaker will be dangerous to vehicles and will lead to accidents and must be avoided. In the meeting it was decided to give letter to District Road Safety Authority for providing-Rumble Strips with Road Studs in order to control the vehicle speed at this location. In the meeting it was also
WP(C) NO. 414 OF 2022 4 decided to remove all the humps/speed breakers in roads causing accidents. Therefore providing speed breakers in straight road stretches will lead to accidents and it must be avoided. “
5. In view of the fact that there is a decision aimed at
resolving the issue for providing rumble strips using thermoplastic compound at Kuruvattoor in Vaniyamkulam- Vallapuzha road, as stated in paragraph 5 of the statement, this Court is of the view that no further orders are required in this writ petition. Accordingly, this writ petition is disposed of recording paragraph Nos. 5 and 6 of the Statement dated 19.01.2022 filed by the 1st respondent. Sd/- N.NAGARESH JUDGE hmh WP(C) NO. 414 OF 2022 5 APPENDIX OF WP(C) 414/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE COMMUNICATION DATED Exhibit P2 THE COPY OF THE COMMUNICATION DATED VALLAPPUZHA GRAMA PANCHAYATH TO THE 2ND RESPONDENT. Exhibit P3 THE COPY OF THE RESOLUTION DATED