JUDGMENT :

SHAJI P. CHALY, J.

The captioned Public Interest Litigations are materially connected, in respect of the non implementation of the provisions of the Kerala Road Safety Authority Act, 2007 (hereinafter called 'the Road Safety Act, 2007') and seeking other consequential reliefs. Therefore, we have heard them together and propose to pass this common judgment.

2. Since the reliefs sought for in the writ petitions are slightly different from each other, we propose to narrate a short statement of facts of each of the writ petitions. The counter affidavit filed by the State Government in W.P.(C) No. 37880 of 2017 is adopted by the State Government in some of the writ petitions, and the counter affidavits filed by the State as well as the other respondents would be referred to appropriately.

W.P.(C) No. 37880 of 2017

3. The petitioner is the then President of Kumbalangi Grama Panchayat in Ernakulam District and is basically concerned with the increase of road and motor accidents occurring due to the negligent and reckless driving, and also due to the rash driving by drunken drivers. The petitioner has also relied upon Ext. P5 report drawn by KMEA Engineering College, Kerala and has also relied upon the facts and figures of the fatal accidents noted in the said report from the year 2010-2016 in the National Highway, State Highway and other roads. According to the petitioner, there is alarming increase in the road accidents and unless and until the respective Governments take appropriate action in accordance with the Motor Vehicles Act, 1988 ('MV Act, 1988" for short), the Rules thereto and the Road Safety Act, 2007, the fatal accidents would increase day by day due to various factors, including the increase of the vehicles, narrow roads, the unscientific constructions of the roads, objectionable installations, and other component factors like non-removal of concrete and waste and useless materials from roads and footpaths.

4. The petitioner has also relied upon Ext. P6 project report submitted by the Traffic Safety Expert, Kerala Road Safety Authority, Special Officer Safe Zone 2015-2016, 2016-17 dated 30.06.2017. In the said report, district wise data in regard to the reasons for the road traffic accidents, the methods to be adopted for reducing the accidents, requisite steps to be taken for the safety of the pedestrians, drivers and other road users, priority to be given in regard to safety, reduction of human errors, public concern to be taken into account, the appointments to be made, and various other means and measures for the scientific construction of the road and its maintenance, anticipated expenditure etc. are all suggested. Basically, the petitioner is seeking implementation of Exts. P5 and P6 reports and also a direction to ensure 24 hours monitoring on roads and to arrest the drunken drivers and thereby, enforce the preventive measures against the occurrence of accidents, and alternatively he seeks directions to dispose of Ext. P8 representation submitted by the petitioner to the State Government dated 23.10.2017.

W.P.(C) No. 9670 of 2018:

5. The petitioner is the father of one Livin aged 23 years, who died in a motor accident on 29.06.2015. Basically, the submissions in the writ petitions are certain suggestions to reduce the road accidents, since according to the petitioner, the State as well as the central Governments are not taking adequate measures to reduce the road accidents and therefore, he seeks a direction to implement the inclusion of the marking suggested in regard to the black spots in Ext. P4 and to make the markings accordingly in different colours of paint as illustrated under the safety programmes mentioned in Section 215(4) of the MV Act, 1988.

W.P.(C) No. 15090 of 2020

6. The petitioner is an advocate practising in Chalakudy, Trichur District and he is concerned with the unending repair activiti