Kerala High Court
Adv.Venjaramood M. Ziyad vs The Government Of India on 11 February, 2016
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
WP(C).No. 5314 of 2016 (S)
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PETITIONER(S) :-
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ADV.VENJARAMOOD M. ZIYAD, AGED 40 YEARS
S/O. MHAMMED KASIM, VADAKKATHIL VEEDU
VENJARAMOODU.P.O., VENJARAMOODU, THIRUVANANTHAPURAM.
BY ADVS.SRI.SREEKANTH S.NAIR
SRI.S.JATHIN DAS
RESPONDENT(S) :-
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1. THE GOVERNMENT OF INDIA
SECRETARY, MINISTRY OF LAW AND JUSTICE, 4TH FLOOR
A-WING, SASTHRI BHAVAN, NEW DELHI-110 001.
2. GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
REPRESENTED BY ITS CHIEF SECRETARY.
3. DGP & STATE POLICE CHIEF KERALA,
POLICE HEAD QUARTERS, VAZHUTHACADU.P.O.
THIRUVANANTHAPURAM-695 010.
4. THE ROAD & BRIDGE DEVELOPMENT CORPORATION OF KERALA,
2ND FLOOR, PREETHI BUILDING, M.V.ROAD
PALARIVATTOM, KOCHI-682 025.
5. THE SECRETARY, THE STATE ROAD FUND BOARD,
T.C.4/1654, BELHAVEN, MAYOORAM GRADENS
KOWDIAR.P.O., THIRUVANANTHAPURAM - 695 003.
R1 BY ADV. SRI.RAJAGOPALAN.A., CGC
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 5314 of 2016 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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EXT.P1. TRUE COPY OF DISABILITY CERTIFICATE OF THE PETITIONER.
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J
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W.P(C). No. 5314 of 2016
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Dated this the 11th day of February, 2016
J U D G M E N T
Shaffique, J This writ petition has been filed in the form of public interest litigation. The petitioner addresses this Court with reference to certain issues that are being faced by the public at large especially regarding road safety and it is alleged that sufficient steps are not being taken by the respondent authorities in the matter relating to pedestrian crossing/zebra crossing ie., especially in regard to physically handicapped, blinds etc. According to the petitioner, appropriate measures are to be taken for regulating speed of the vehicles, especially when approaching zebra crossing lines and put necessary precautionary steps are to be taken in the form of observation cameras to ensure that vehicles do not over speed and appropriate action should be taken for violating such laws. The petitioner therefore seeks for the following reliefs :
"(1) By an appropriate writ, order or direction of this Hon'ble Court, the respondents may be directed to take appropriate action to limit the speed of vehicles before 50 meters of W.P(C).5314/16 2 Pedestrian crossing/zebra lines, at the rate of 10 km/hr till it cross the pedestrian crossing/zebra line and to provide sign board/sign pole and fix observation cameras before to check over speed violation and necessary law/notifications and or by way of an ordinance.
(ii) By an appropriate writ, order or direction of this Hon'ble Court, the respondents may be directed to introduce and implement road safety measures strictly during traffic hours from 8.00 a.m. to 9.00 p.m. to help physically handicapped persons, school children and blind persons to cross pedestrian crossing/zebra lines, with their sufficient time."
2. Though the petitioner has approached this Court with a laudable object we are of the view that primarily it is a matter to be considered by the competent authorities. Accordingly, we permit the petitioner to submit necessary representation to respondents 3 to 5, who shall consider the matter and if necessary, issue appropriate guidelines in that regard.
The writ petition is disposed of accordingly.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE sou.12/2.