'Even One Pothole Can Be A Killer': Kerala High Court Slams Authorities Over Road Conditions And Reckless Driving, Calls For Accountability

Justice Devan Ramachandran was hearing the matter, which was taken up following a mention by the amicus curiae last week, highlighting a “spate of accidents” owing to poor road maintenance and rampant traffic violations. Reports presented by the amicus curiae substantiated these concerns, prompting the court to initiate urgent judicial scrutiny.

The Senior Government Pleader informed the court that the Assistant Commissioner of Police had submitted a detailed report, with annexures outlining steps taken by both the police and the Transport Department to enforce traffic laws, particularly in Kochi. Despite these assurances, Justice Ramachandran expressed serious concern about the condition of roads across the state, pointing out systemic failures in road upkeep and law enforcement.

Notably, engineers from the Kochi Corporation and Public Works Department (PWD) were present in court. The Government Pleader acknowledged their responsibility in maintaining safe road conditions and conceded that it is their duty to inspect and ensure compliance with basic safety standards.

“It is rather a shame that this Court should now be taking up this matter with an intent to ensure that accidents do not occur on account of potholes and crevices on the roads,” Justice Ramachandran remarked. He emphasized that the right to travel is a fundamental right under the Constitution, and the failure of authorities leading to injury or death cannot be brushed aside with mere sympathy.

The court took particular note of a tragic incident in Thrissur over a month ago and criticized the Corporation Secretary's report, which downplayed the situation by claiming there were “only a few potholes” on MG Road. “Even one pothole can be a killer,” the court warned, underscoring the urgency of preventive measures.

Justice Ramachandran directed that all engineers conduct an immediate audit of the roads under their jurisdiction and submit comprehensive reports through the Senior Government Pleader. He further asserted that accountability must now be individual and direct—“real action will have to follow, and the concerned officers and engineers made personally accountable.”

On the issue of reckless driving, especially by heavy vehicles, the court affirmed the submissions made by Senior Government Pleader, and directed that all safety initiatives proposed by the Transport Department for Kochi be implemented “scrupulously” across the state, with necessary modifications. Orders for the same must be issued by the concerned authorities and reported back to the court without delay, it directed.

The court made clear that the issue extends beyond Kochi and applies statewide. While acknowledging reports that some roadwork had commenced following previous court comments, Justice Ramachandran demanded concrete follow-through. “The cries of families who lose loved ones on account of road accidents caused by potholes and such situations is something that is harrowing and which cannot be left unseen by this Court,” he stated.

Further hearing in the matter has been listed after two weeks. The court has indicated it will await compliance and reports from engineers and government departments, but it remains firm in its resolve: no more lives must be lost due to preventable road hazards.

Case Title - C P Ajithkumar v State of Kerala

Case No - WP(C) 32680/ 2008

Counsel for Petitioner - Tom K. Thomas

Counsel for Respondent - 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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