'I Want My Fundamental Right On MG Road' : Kerala High Court Directs Authorities To Keep Cochin City Ready To Face Monsoon

The Court noted that the onset of monsoon in Kerala presents a unique situation when inundation is expected.

The Court also highlighted the importance of the restoration of footpaths in Ernakulam City, especially those in MG Road, before the monsoon, which is expected to start next week, to avoid a difficult and dangerous situation.

The Court noted that though the task of removing the broken slabs and restoring the drains with the proper footpath is underway, there is hardly any information about when this will be completed.

The amicus curie in the case, S. Krishna, informed the Court about the observation made by the Supreme Court that having proper footpath is a fundamental right. Hearing the same, Justice Devan Ramachandran orally observed, “I want my fundamental right on MG Road. I am very clear, I want my road restored, immediately.”

The Court began the interim order: “The end of the month of May in every year virtually sends shivers through this Court because this is the time when it requires evaluation of how ready the city is to accept the onsetting monsoon.”

Recording that the Court does not have any information as of now as to whether the city is ready this year, an interim order was passed directing Cochin Smart Mission Ltd, PWD, the Corporation of Kochi and the Police to submit reports about the situation before the next posting. The competent authority of the Southern Railway was also directed to file necessary reports and to deal with the requirement of cleaning the various culverts in a practical manner, involving all the other stakeholders.

“The Hon'ble Supreme Court has recently reminded that the pedestrian paths are part of the fundamental rights aligned to the Right to Life,” recorded the learned Single Judge.

“Citizens cannot be put through peril through inundation and unnecessary water logging for inaction on the part of the authorities who are vested with the power and responsibilities. I order that this be kept in mind by every such officer/authority and caution them that deflection of responsibility will not be spared by this Court,” observed Justice Devan Ramachandran.

The Court orally commended the Police force for cracking down on all the indiscipline on the road and noted that the CSML has done a fairly good job with respect to the roads in Ernakulam with the exception of a few, especially the MG Road and the road in front of St. Albert's.

The learned Single Judge also orally observed that a meeting with the District Collector and seems necessary to find out more about the situation and to come up with a solution.

Case No: WP(C) No. 32680 of 2008

Case Title: C.P. Ajithkumar and another v. The State of Kerala and others

Counsel for the Petitioners: Tom K. Thomas

Counsel for Respondents: Benhur Joseph Manayani, S. Krishnamoorthy CGC, Johnson Manayani, Jomy George, Jeevan Mathew Manayani, Sebastian Thomas, C.M. Suresh Babu, SC - Cochin Corporation, M. K. Thankappan, SC - GCDA, Thomas Antony, Atul Sohan, K. Janardhana Shenoy, SC - Kochi Municipal Corporation, B. G. Bidan Chandran, Lejo Joseph George, A. K. Preetha, B. Arunkumar, Rilgin V. George, G. Hariharan, Praveen H., Anil Kumar, M. Sivaraman, R. Reji (Attingal), Sreeja Sohan K., M.U. Vijayalakshmi (Advocate By Court Order) S. Ramesh Babu, SC - Cochin Corporation, P. Benjamin Paul, SC - Kerala Water Authority

Amici Curie: S. Krishna, S. Vinod Bhat, P. Deepak

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