The Kerala High Court has directed the government as well as local self governing institutions to make all roads motorable immediately, no later than January 2020.
The directive was issued by Justice Devan Ramachandran while hearing a writ petition filed in 2008 on the bad condition of roads in Kerala. When the petition, filed by CP Ajithkumar and Kerala Merchants Union, came for final hearing, it was observed that the state of the roads had not improved but had deteriorated drastically.
Hearing the writ petition, the High Court directed the Government, Public Works Department (PWD) and Local Self Government Institutions to repair all roads immediately and make them motorable at least to the minimum standard as soon as possible. The court gave 31 December 2019, as the deadline for all roads maintained by the PWD and 31 January 2020 for all roads under the Local Self Government Institutions.
According to the directive, the repair and maintenance work of all roads will be completed following due procedure under the supervision of the Engineer/Staff of Department/LSGI concerned. They will also ensure that the repairs are carried out properly and that future repairs are done without delay. Any lapse on their part will have consequences, under Service Regulations and the IPC, the directive added.
The court also directed the government to publish the list of roads which are not under the LSGI "with the name, designation, address, phone number, email and WhatsApp number of the designated officer in charge" in the PWD.
The court added that citizens can also report potholes, craters and general disrepair of any roads to the concerned LSGI or department so that immediate action can be taken to fix the road. The secretaries of the LSGI and the heads of the department maintaining other roads will personally be held responsible for responding to such complaints and resolving them.
To the secretaries of Local Self Government Institutions, the court directed to constitute a team for maintenance of roads on a day-to-day basis, so that potholes and other defects can be repaired immediately.
After a submission was made by the Advocate General about the action taken by the government in this regard, Justice Devan added that "no amount of excuses or reasons of any kind can justify even the loss of one life or injury solely because of bad roads."
Recalling the October 2019 incident when a helmet-wearing two wheeler rider passed away, due to a pothole on the road, Justice Devan said "Hapless citizens still spill blood and life in the craters and potholes in roads - the incident of the unfortunate death of R Umesh of Kochi only being the last of such but not the last ever, unless real and effective action is taken," the directive read.