The Kerala High Court issued notice on a Public Interest Litigation seeking direction to the respondents to shift the auto stand and arrange sufficient facilities for parking of vehicles and stopping the buses at bus shelters at least 50 mt away from the extremely crowded and busy Kadungallur junction, so as to prevent motor accidents and fatalities at this junction, with due resort to the provisions of the Motor Vehicle Rules.
The PIL, filed by 88-year-old N. Ramachandran, sought the following reliefs:
A) A writ of mandamus or any other appropriate writ, order or direction, directing the respondents to shift the auto stand and to arrange sufficient facilities for parking of vehicles and stopping the buses at bus shelters at least 50 mts. away from the extremely crowded and busy Kadungallur junction so as to prevent motor accidents and fatalities at this junction, with due resort to the provisions of the Motor Vehicle Rules also.
B) A writ of mandamus or any other appropriate writ, order airection, directing the 1st respondent (Kadungalloor Grama Panchayat, Kadungalloor) to demolish and remove the tea stall, waiting shed and Akshaya Kendra constructed and maintained in the north-western corner of property in violation of Rule 23 and 31 of the KPBR, 2019 (Rules 28 and 32 of the Kerala Panchayat Building Rules, 2011) and to provide sufficient splay, as well as footpath, on both the northern and western boundaries of the Panchayath property and a splay of at least 4.5 x 4.5 metres of this side of the junction and to arrange sufficient open space, parking area, and loading and unloading area, in its own plot with sufficient mandatory access, as mandated in the Building rules to remove the overcrowding in its open space, and also to ensure that vehicles are not left parked on the Edayar- Muppathadam PWD road on the west or the Binanipuram Police Station road on the north of the Panchayath complex and are not forced to work on the streets in a hazardous manner, as happens now.
C) A writ of mandamus or any other appropriate writ, order or direction, directing the 2 respondent (State of Kerala) to draft an appropriate binding guidelines that ensure that persons appointed in responsible position like secretaries of Local Self Government Institutions shall have at least a minimum of 3 years of service in each place of posting, so as to avoid ad hoc postings, unless absolutely necessary in emergent situations, and to ensure proper management and functioning of local bodies, with due compliance of mandatory provisions of all laws, including the Building Rules, which is highly necessary in public interest and for public safety and convenience.
Since the subject issue pertains to prevention of traffic incidents obstructing or causing injuries to the general public, Mr.Tek Chand, learned Senior Government Pleader submitted that the Traffic Regulatory Committee under the Kerala Police Act, 2011 is also a necessary and proper party.
The Division Bench of Chief Justice S.Manikumar and Justice Shaji P.Chaly while placing on record above, directed the Dinesh R. Shenoy, Counsel for the petitioner to take steps to implead the Chairman, Traffic Regulatory Committee, Kadungalloor Grama Panchayat, Kadungalloor, Muppathadam, Aluva as an additional respondent in the petition.
Matter is listed on 31-01-2023 for further hearing.