Kerala High Court
Clemance Thottappilly vs Vandita Sharma Ias (Corrected) on 28 February, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Friday, the 28th day of February 2025 / 9th Phalguna, 1946
CONTEMPT CASE(C) NO. 2106 OF 2022(S) IN WP(C) 15090/2020
PETITIONER/PETITIONER IN W.P.(C):
CLEMANCE THOTTAPPILLY, AGED 52 YEARS, S/O. ANTO,
THOTTAPPILLY HOUSE, CHALAKUDY P.O., CHALAKUDY,
THRISSUR DISTRICT.
BY ADVOCATES M/S. M. BINDUDAS & R.T. PRADEEP.
RESPONDENTS/RESPONDENT NOS 1,3,4,7,10,12 AND 15 IN W.P.(C):
1. SMT. VANDITA SHARMA IAS (CORRECTED), NOW WORKING AS CHIEF SECRETARY,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM, 695 001.THE NAME OF 1ST
RESPONDENT IS CORRECTED AS 'V.P.JOY, IAS" INSTEAD OF "VANDITA SHARMA IAS"
AS PER ORDER DATED 30.03.2023 IN IA 1/2023 IN COC
2. SHRI. S. SREEJITH IPS(CORRECTED), WORKING AS SECRETARY, TRANSPORT
DEPARTMENT, AND ALSO AS ROAD SAFETY COMMISSIONER, KERALA ROAD SAFETY
AUTHORITY, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. THE
NAME OF 2ND RESPONDENT IS CORRECTED AS "BIJU PRABHAKAR, IAS" INSTEAD OF "
SHRI.S.SREEJITH IPS" AS PER ORDER DATED 30.03.2023 IN IA 1/2023 IN COC
3. SHRI.AJITH KUMAR IAS, WORKING AS SECRETARY, PUBLIC WORK DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
4. SHRI. GIRIDHAR ARAMANE, WORKING AS SECRETARY, MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN,
1, PARLIAMENT STREET, NEW DELHI - 110 001
5. SHRI. BIPIN, WORKING AS THE PROJECT ENGINEER, NATIONAL HIGHWAY AUTHORITY
OF INDIA, PIU PALAKKAD, NO: 8/1187, ARUMUGHAM COLONY, CHANDRANAGAR,
PALAKKAD - 678 007
6. SHRI. S. SREEJITH IPS, ROAD SAFETY COMMISSIONER, KERALA ROAD SAFETY
AUTHORITY, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014
7. ANIL KANT IPS, WORKING AS DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTERS, THIRUVANANTHAPURAM - 695 034
SRI.P.SANTHOSH KUMAR, SPECIAL GOVERNMENT PLEADER FOR R1 TO R3, R6, R7
DEPUTY SOLICITOR GENERAL OF INDIA FOR R4
ADVOCATE SRI. SALIL NARAYANAN K.A. FOR R5
This Contempt of court case (civil) having come up for orders on
28.02.2025, the court on the same day passed the following:
P.T.O.
Nitin Jamdar, C.J. & S. Manu, J.
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Con. Case (C)No. 2106 of 2022 - S
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Dated this the 28th day of February, 2025
ORDER
Nitin Jamdar, C.J.
Heard Mr R.T. Pradeep, learned counsel for the Petitioner, Mr K.A. Salil Narayanan, learned counsel for Respondent No.5, and Mr P. Santhosh Kumar, learned Special Government Pleader for the State.
2. This contempt petition is filed alleging wilful non-compliance of the directions contained in the judgment dated 31 March 2021 in W.P.(C)No. 15090 of 2020. The writ petition was filed in the public interest and highlighted the issue concerning road accidents. The Petitioner had sought the following prayers in the writ petition:
"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to appoint a team of PWD Engineers to study issues relating road accidents in Kerala;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to use the road safety fund only for the purpose of road safety;
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to implement 136A in a prospective effect;
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to implement 198A in a prospective effect."
Con. Case (C)No. 2106 of 2022 - S 2
3. The writ petition was disposed of by a detailed judgment making the following observations:
"64. On an evaluation of the facts and figures in regard to the road accidents, the objectionable installations and other matters that detract the attention of the drivers, we are of the view that; 1) adequate steps shall be taken by the Road Safety Authority and the bodies constituted under the Road Safety Act, 2007 to avoid the road accidents in a war footing and without any delay;
2) The Road Safety Authority, have to undertake necessary investigations and enquiries in order to identify the dangerous installations put up, temporary or permanent, and dangerous trees or branches overhanging from private and public properties and standing by the side of the road which are likely to cause accidents and shall take adequate steps to remove them at the earliest and at any rate within three months from the date of receipt of a copy of the judgment;
3) The Authority shall take urgent steps for the removal of unused concrete and other poles and materials, debris and waste materials stacked on the footpaths and by the side of the roads, and the abandoned motor vehicles on the roads at the earliest and at any rate within three months from the date of receipt of a copy of the judgment;
4) Identify the lands and public properties agreed to be surrendered by the private parties and local bodies for improvement of road facilities on providing alternative lands or compensation to such persons or bodies within four months, and on failure to surrender immediately after adjudication with due notice, take steps to recover them at the earliest and at any rate within one month from the date of such adjudication;
Con. Case (C)No. 2106 of 2022 - S 3
5) The State and the Central Governments shall provide all required timely assistance under any law for the proper functioning of the Authority under Act 2007, especially for the recovery of lands as is specified above;
6) The Central and State Government shall take effective steps in coordination with the Authority under the Road Safety Act, 2007 to regulate the road works done by various departments in order to eliminate the possibility of digging the roads frequently by the different Departments and thereby saving public money and protect the public interest;
7) The Authority under the Road Safety Act, 2007 shall take urgent measures against any body or person for violating any instructions, regulations, rules, notifications etc. of the authority and the Government in regard to the road safety;
8) The Authority under the Road Safety Act, 2007 shall ensure that the local bodies are carrying out their mandatory functions in regard to the road safety and as permitted under the Act, 2007; and
9) The Authority shall also take steps to deal with the requirements of the accident victims in contemplation of the Road Safety Act, 2007 immediately, so as to translate the true intentions of the Act and to ensure timely financial assistance to tide over the urgent necessities , especially among the weaker section of the public.
65. On an appreciation of the provisions of the Road Safety Act, 2007, it is unequivocal that all the functionaries under the Act shall coordinate the activities of all the Departments functioning under the State and the Central Government within the State of Kerala in order to attain the goal as is envisioned by the framers of Road Safety Act, 2007. Con. Case (C)No. 2106 of 2022 - S 4
66. Taking into account the above aspects, the authority and other functionaries under the Road Safety Act, 2007 and the State and the Central Governments, are directed to discharge their functions and duties under the Road Safety Act, 2007 and other enactments that are involved in the road safety without fail and immediately as specified above, also taking into consideration the report of the expert discussed above and other guidelines/rules issued by the Central and State Governments and the authority under the Road Safety Act, 2007.
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68. The authority shall also ensure that the State Government is diverting the funds to it from the consolidated fund of the State as is provided under the Road Safety Act, 2007 and utilise the same in accordance with the powers conferred on it in all areas of the functions entrusted to it under the Act. Before parting with the judgment, we think it deem and appropriate to state that if the objectives of the Road Safety Act, 2007 are to be achieved and attained, the functionaries under the Road Safety Act, 2007, other road safety authorities and others functioning under other enactments and the Central and State Governments shall function like a well oiled machine. The observations and the directions are made by us also bearing in mind that the right for a safe road to every citizen is a facet of Articles 19 (1) (d) and 21 of the Constitution of India and thus all authorities are duty bound to discharge them without fail. We hope that such authorities and the Governments would rise to the occasion and do the needful in the larger interest of the public and remove all obstacles causing threat and danger to the road safety at the earliest possible time and as specified above."
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4. In the contempt petition, the Petitioner has alleged that the directions issued by this Court have not been complied with in its letter Con. Case (C)No. 2106 of 2022 - S 5 and spirit. So also, there is inadequate utilisation of funds which were diverted from the consolidated fund of the State. In short, the contention of the Petitioner is that contempt of the judgment of this Court is committed by the Respondents by not following the intention of the Court while issuing the guidelines.
5. According to the Respondents, they have complied with the specific guidelines issued, and no further obligation was placed on them as per the judgment dated 31 March 2021.
6. The argument of the Petitioner primarily centres around the obligation of the State Government as expected to be performed by this Court in its judgment. Therefore, the main contention of the Petitioner is that the purpose for which these directions have been issued by this Court has not been fulfilled. Before proceeding further in the contempt jurisdiction, we have to be mindful of its scope. A finding that there is wilful disobedience on the part of the Respondents could have serious consequences that it may even entail a punishment of imprisonment. The enquiry in contempt jurisdiction is therefore limited.
7. However, we do take note of the concern of the Petitioner regarding the main object of passing the judgment that is the rise of traffic accidents. This, however, would mean that we will have to supplement the directions issued if so warranted, pass fresh orders and even modify the earlier order to make them more effective.
Con. Case (C)No. 2106 of 2022 - S 6
8. In these circumstances, we are of the opinion that this Public Interest Litigation (W.P.(C)No. 15090 of 2020), which was closed by judgment dated 31 March 2021, needs to be revived. It is accordingly revived and restored to the file.
9. The Petitioner is permitted to amend the petition to incorporate further prayers and the necessary averments. The copy of the amended writ petition is served on the Respondents to file their additional counter affidavits, if any.
10. The learned counsel for the Petitioner states that he appears for the Petitioner in the revived writ petition.
11. Post the writ petition on 4 April 2025. The present contempt petition be tagged along with the writ petition as the parties have filed their pleadings therein which can be referred to at the time of hearing of the writ petition.
Sd/-
Nitin Jamdar Chief Justice Sd/-
S. Manu Judge vpv 28-02-2025 /True Copy/ Assistant Registrar