Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(Ker) 44653

KERALA HIGH COURT
S. Manikumar, C. J., *Shaji P. Chaly, J.
Xavier C. A. and Others v. Chief Secretary Government of Kerala Tvm. and Others
W.P.(C) No. 37880 of 2017 | W.P.(C) No. 9670 of 2018 | W.P.(C) No. 15090 of 2020 | W.P.(C) No. 16252 of 2020 | W.P.(C) No. 16767 of 2020 | W.P.(C) No. 22429 of 2020

Advocates:
For the Appellants/Petitioners: Smt. Bindu Das M., Sri. K. B Gangesh, Sri. P. M. John, Sri. Manu Govind
For the Respondents: Sri. P. Santhosh Kumar, Sri. P. Vijayakumar

The court mandated the State to urgently implement road safety measures under the Kerala Road Safety Authority Act, 2007, to curb the rising number of traffic accidents, asserting that public safety is a fundamental right.

Headnote:(A) Kerala Road Safety Authority Act, 2007 - Provisions for road safety implementation and establishment of a fund - Increase of road accidents due to negligence and reckless driving highlighted across various writ petitions - Court emphasizes the necessity for immediate action from the State to ensure compliance with the Act and other relevant regulations (Paras 1, 3, 10, 58, 66).

(B) Motor Vehicles Act, 1988 - Sections governing road safety and the enforcement thereof were cited to support the need for urgent implementation of road safety measures (Paras 5, 36, 66).

(C) The court addressed the alarming rise in traffic accidents and the government's failure to effectively implement the Road Safety Act, which undermines public safety (Paras 56, 59).

Findings of Court:
The court acknowledges the importance of the Road Safety Authority and asserts that the state must provide essential support and swiftly implement safety measures to mitigate road accidents.

Issues: The principal concerns addressed were the necessity for aligned efforts from various governmental bodies to uphold road safety, ensuring timely funding, and the efficient removal of road hazards.

Ratio Decidendi: The court ruled that the State Government must proactively implement the provisions of the Road Safety Act, improve coordination among responsible authorities, and deal with road safety incidents urgently to protect public interest (Paras 65, 66).

Result: Writ Petitions are allowed accordingly.

Table of Content
1. overview of writ petitions regarding road safety (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. efforts by state government for road safety enhancement (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
3. implementation of road safety initiatives by various departments (Para 21 , 22 , 23 , 24)
4. detailed report on national highway authority's steps for safety (Para 25 , 26 , 27 , 28 , 29 , 30)
5. ongoing road safety audits and initiatives (Para 31 , 32 , 33 , 34)
6. analysis of the road safety act’s provisions (Para 35 , 36 , 37 , 38)
7. structure and authority of the road safety authority (Para 39 , 40 , 41 , 42 , 43 , 44)
8. responsibilities and compliance under the road safety act (Para 45 , 46 , 47 , 48 , 49 , 50)
9. regulatory framework and enforcement mechanisms outlined (Para 51 , 52 , 53 , 54)
10. assessment of existing road safety measures and their effectiveness (Para 55 , 56 , 57 , 58)
11. government obligation to enhance road safety provisions (Para 59 , 60 , 61 , 62 , 63)
12. directions for urgent action on road safety measures (Para 64 , 65 , 66)

1. 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.

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

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