Kerala High Court forms permanent committee to maintain Kochi Marine Drive Walkway, address complaints

The Kerala High Court recently directed the Greater Cochin Development Authority (GCDA) and other authorities to form a permanent monitoring committee to oversee the maintenance and upkeep of the Marine Drive walkway in Ernakulam [Ranjit G Thampy v Greater Cochin Development Authority & ors].A Division Bench of Chief Justice Nitin Jamdar and Justice S Manu acknowledged the improvements made to the walkway but noted the need for continued vigilance to ensure that the walkway remains open to the public at all times and is maintained sustainably.Hence, a monitoring mechanism is required, the Court said."The learned counsel for the parties jointly submit that the situation has now improved from the time when the proceedings were instituted five years ago, and a closure is now required in these petitions. We are, however, of the opinion that a monitoring mechanism is required to be set up to sustain the momentum," the Court stated in its judgment.The Court further directed that the permanent monitoring committee must meet at least twice a year to evaluate conditions and ensure ongoing maintenance.It must also create a dedicated social media handle, email and telephone number to receive public complaints which should be redressed without delay..The order was passed on a petition filed in July 2019 by Ranjit G Thampy, a resident of Kochi, raising grievances about the deteriorating condition of the walkway, a major public recreational area in the city.The petitioner pointed to broken tiles, water-logging due to poor drainage, inadequate lighting fostering anti-social activities, unchecked waste dumping into the backwaters, and illegal vending activities that block public movement.Despite multiple interim orders passed by the Court during the course of the hearing, the respondents including GCDA, Cochin Corporation, Police, and District Administration, had continued shifting blame among themselves.This led to the appointment of an Amicus Curiae who submitted a report identifying persistent shortcomings.Subsequently, the petitioner filed a contempt petition alleging non-compliance with earlier court orders.He told the Court that the authorities have a legal obligation to maintain the public walkway and ensure its cleanliness, safety, and public access.The respondents accepted that coordination issues have stalled progress, and agreed to the suggestion of forming a joint monitoring committee with senior-level participation.Based on the submissions by the counsel, the Court noted that even though the situation had improved significantly since 2019, there was a need for constant monitoring in order to sustain the cleanliness, safety and accessibility of the walkway ."We have considered the memo of the petitioner and the joint request of the counsel for the parties. Though it is stated that there is satisfactory progress, continuous monitoring is required to maintain this position in the future. Ultimately, it is the responsibility of the authorities concerned to maintain the area and the walkway," the Court added..Thus, the Court issued the following comprehensive directions to the authorities to continue monitoring and improvement measures:Within four weeks, the Secretary of GCDA, Secretary of the Corporation of Cochin, District Collector, Kochi Police Commissioner, and Secretary of the Kerala State Pollution Control Board must convene a joint meeting to formulate a permanent monitoring mechanism, to be called the Kochi Marine Drive Monitoring Committee.The State Government shall issue a formal order/ notification constituting this Committee within four weeks of that meeting.The Committee will designate a Nodal Officer for coordinating efforts among departments.It shall develop a protocol for coordination and functioning, based on interim directions previously issued by the Court.The Committee must meet at least twice a year to evaluate conditions and ensure ongoing maintenance.A dedicated telephone number, email ID, and social media handle must be established to allow public complaints, including photo submissions.The Committee is required to act upon such complaints promptly, ensuring that any encroachments or sanitation lapses are addressed..Senior counsel K Jaju Babu, along with MU Vijayalakshmi, Asadu Ahmmed Chullinte, Brijesh Mohan and R Rajpradeep appeared for the petitioner.Senior government pleader V Tekchand appeared for the Commissioner of Police and the District Collector.Advocates Vipin P Varghese, Adarsh Mathew, Kevin Mathew George, Meera Elsa George, Merline Mathew appeared for Greater Cochin Development Authority. Advocates Nandagopan S Nair and DG Vipin represented Corporation of Cochin.Advocate T Naveen, standing Counsel for the Kerala State Pollution Control Board was also present.Advocate Liju V Stephen served as Amicus Curiae..[Read Judgment]