Kerala High Court summons engineers over potholes

The Kerala High Court on Friday came down heavily on the State government and local bodies over the bad condition of roads and criticised their failure to ensure the safety of two wheeler users and prevent fatal accidents due to potholed roads [CP Ajithkumar & Anr v State of Kerala & Ors].

Justice Devan Ramachandran directed that all engineers responsible for maintaining roads in the city should appear before the Court on July 29, Tuesday.

"Engineers should be on the road to inspect and monitor conditions. If an engineer comes and says he flagged a pothole, that’s what is needed. Engineers are supposed to be on site" he remarked.

The Court was hearing a petition filed in 2008 concerning public road safety in which the amicus curiae informed the Court about a fatality in Kochi allegedly caused by poor road conditions.

The Court had previously sought a report from the Thrissur Municipal Corporation regarding the death of one Vishnudutt, a scooter rider who was run over by a bus on June 26 while trying to avoid a pothole on MG Road.

The judge, visibly upset by the reports, criticised the pattern of indifference displayed by engineers and State authorities on this issue, stating that many of them did not realise the scale of danger for the two wheelers on the roads because they travelled by car.

"Stakeholders, people in power, engineers, people like me, we all are traveling in cars that's why we are not concerned about these two wheeler riders. Where are all the engineers? Why are none of them here? One person has died. How many more people have to die? Why are they drawing salary," the judge demanded

Justice Ramachandran pointed out that these are not isolated incidents and recalled a similar tragedy involving a High Court staff member who had previously served under Justice DK Singh.

The staffer lost his life in an accident on Container Terminal Road while returning from duty.

"One of Justice DK Singh’s staff members died on this Container Road. Everyone has forgotten about it. His wife has been given a job here. They have a daughter in 6th standard. Who will fill the void in their family? He died in the accident on his way back from dropping the judge. That was also a pothole like this. This can happen to anyone of us, to people who you care for, to our staff," the judge remarked.

He then told the government pleader that he had personally seen a particularly dangerous pothole filled with rainwater near Kaloor Junction, and went on to name several other roads in the city which were in bad condition.

He asked whether the State authorities or engineers were monitoring such roads and ensuring that the public is made aware of potholes and dangers.

"Where are the boards warning people about potholes? Is it not the first responsibility of an engineer to mark a site of danger and alert the public?" he said orally.

The Court made it clear that every level of local government including the corporation, municipality and panchayat share the responsibility for maintenance and safety of roads.

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