Kerala High Court Warns Officials of Personal Liability Over Monsoon-Damaged Roads

The Kerala High Court has issued a warning to civic and highway authorities, cautioning that engineers and officials could face personal liability if accidents occur due to potholes, road craters, and other dangerous road conditions during the monsoon season.Justice Devan Ramachandran, issued the order while considering the petition dealing with the poor road condition in the State.The court on previous occasions have called for accountability of the concerned authorities on the conditions of the road. When the matter was taken up today, the amici curiae Vinod Bhat and S. Krishna drew the court's attention to the deterioration of roads following the onset of the monsoon. They submitted that numerous roads are likely to develop deep potholes and structural defects unless authorities, including municipal corporations, the Public Works Department (PWD), and the National Highways Authority of India (NHAI), remain vigilant and take immediate preventive measures.The court noted that past experience has shown that roads often suffer extensive damage during the rainy season, with authorities frequently citing various reasons for the deterioration. However, the court emphasized that such explanations cannot diminish the serious risks posed by unsafe roads.“Whatever such justification may be, the fact remains that potholes and crates in roads imperil lives and even if one is to be so lost or a person to be injured, the consequences will have to be seen as catastrophic.” the Court remarked. Referring to its earlier orders in the matter, the court reiterated that road-related accidents caused by poor maintenance are often man-made disasters.Even though the Court had not looked into specific matters concerning the conditions of the road today, it observed that authorities and engineers had previously been directed to maintain constant supervision over roads falling within their respective jurisdictions.The Court added that it is necessary to notify and warn all officers, engineers, and other stakeholders about their responsibilities during the monsoon season.“ I deem it necessary that all the officers, engineers and other stakeholders are notified and warned that unless remedial measures are taken to avoid roads being destroyed, personal liability may have to be fixed. Particularly, if accidents are caused on account of such.” Court said. The court thus directed engineers responsible for various road stretches to continuously monitor conditions and take prompt corrective action to ensure that citizens are protected from danger and harm.In a further direction, the court ordered all concerned authorities including the NHAI, PWD and Corporation, to circulate the order to engineers under their control within three days through appropriate official communications.The matter will be taken up next week for further consideration. Case Title - C P Ajithkumar v State of KeralaCase No - WP(C) 32680/ 2008Counsel for Petitioner - Tom K. ThomasCounsel 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 AuthorityAmici Curie: S. Krishna, S. Vinod Bhat, P. Deepak

Kerala High Court Warns Officials of Personal Liability Over Monsoon-Damaged Roads

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Kerala High Court Warns Officials of Personal Liability Over Monsoon-Damaged Roads

Anamika MJ

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