IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 WP(C) NO. 38784 OF 2017 PETITIONER/S: K. BHAVADASAN AGED 49 YEARS S/O LATE.K.RAMAN NAMBOODIRI, RESIDING AT KOLATHAPPALLMANA, KALLUR PO, VADAKKEKAD, THRISSUR DISTRICT.

BY ADVS.

SRI.MADHU RADHAKRISHNAN SRI.M.D.JOSEPH SRI.NELSON JOSEPH RESPONDENT/S:

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROADTRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN,SANSAD MARG, NEW DELHI.110001.

2 NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE, TC.36/574-1, KRISHNA KRIPA, ERA-42, PALKULANGARA JUNCTION, VALLAKADAVU PO,THIRUVANANTHAPURAM.695008 *3 PROJECT DIRECTOR(ADDRESS REPLACED)

PIU NATIONAL HIGHWAY AUTHORITY OF INDIA,29/1298/-A, MANGALYA VAIDYA, MADOM VYTTILLA, KOCHI.682019 (*IS REPLACED AS PROJECT DIRECTOR, PIU NATIONAL HIGHWAY AUTHORITY OF INDIA, PALAKKAD AS PER ORDER DATED 8/6/2020 IN WPC)

4 MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN, EAST FORT PO, TRIVANDRUM.695014KERALA.

5 M/S GURUVAYOOR INFRASTRUCTURE PVT LTD GIPL TOLL PLAZA CONTROL BUILDING, PALIAKKARA, NENMANIKKARA VILLAGE, CHITTISSERY PO, THRISSUR.680301 KL IN.

*6 THE DISTRICT POLICE CHIEF THRISSUR DISTRICT.

(*ADDL. R6 IS IMPLEADED AS PER ORDER DATED

16/11/2021 IN WPC)

BY ADVS.

SMT.KEERTHI SOLOMON, CGC M/S.M.V.KINI AND CO., SC, NHAI SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.

SHRI.K.P.HARISH, SENIOR G.P.

SRI.P.PRIJITH SRI.P.MARTIN JOSE SRI.THOMAS P.KURUVILLA SRI.K.P.HARISH, SR.GP R2-SRI.LIJO JOSEPH GEORGE R5-SRI.S.SREEKUMAR (SR.)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

S. Manikumar, C.J.

Instant writ petition is filed for the following reliefs:

“(a) Issue a direction to Respondents 1 to 3 to take immediate steps to provide adequate scientific road safety measures to prevent further accidents in the Chalakuddy – Pudukkad stretch near the Pudukad KSRTC Bus Depot;

(b) Issue a writ of mandamus to the Respondents 1 to 3 to immediately provide a solution by closing the median which opens into the opposite carriageway at the Pudukkad KSRTC Bus Depot or provide for a traffic signal at this site;

(c) Issue a writ of a mandamus directing the 4^th respondent to provide for safety classes or road awareness for drivers plying the KSRTC Buses in Chalakuddy – Pudukkad stretch of the National Highway to prevent further accidents.”

2. Short facts leading to the filing of this writ petition are as follows:

2.1. Petitioner herein is a resident of Thrissur District.

The grievance raised in this writ petition is that the unscientific opening created through the median separating the carriage ways in order to enable the KSRTC buses coming from Chalakkudy and proceeding towards Thrissur in the South-North direction, to enter the KSRTC depot lying to the east of the National Highway and situated on the opposite side of the national highway has created several accidents in this area. The prayer of the petitioner is for a direction to respondents 1 to 3 to immediately take safety precautions on the Pudukkad – Amballur stretch of the national highway in order to prevent road accidents.

3. National Highway Authority of India, respondent No.3 has filed a counter affidavit dated 09.11.2021, relevant portions of the said affidavit are as under:

“4. It is submitted that, pursuant to the instructions given by the NHAI, the Independent Engineer appointed under the concession agreement had conducted an inspection on 23^rd July, 2021. The Independent Engineer, M/s MSV International Inc has filed a report. Hereto annexed and marked as Annexure R3 is the detailed Report made by the Independent Engineer. In the said report the Independent Engineer has given various suggestions. Suggestions relate to permanent solution to the problem of the opening at the existing median at the Pudukkad KSRTC Bus Depot. The sol