BY AD vs JOMY K. JOSE

BY ADVS. JOMY K. JOSE G.HARIKUMAR (GOPINATHAN NAIR) SHRI.SREENATH VIJAYARAGHAVAN AKHIL SURESH RESPONDENTS: 1 2 3 4 CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, BOAT JETTY, ERNAKULAM- 682504. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (ROADS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682030. THE KERALA WATER AUTHORITY, WP(C ) NO. 34310 OF 2019 2 5 6 7 8 9 0 11 12 REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. KOCHI METRO RAIL LIMITED, REPRESENTED BY ITS DIRECTOR, 8TH FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM -682011. GOVERNMENT OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM- 695001. ADDL.R7. THE REGIONAL OFFICER, NHAI, THIRUVANANTHAPURAM. (ADDL.R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED 8-8-2022 IN WP(C). ADDL. R8. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWER, CV RAMAN PILLAI, ROAD, DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-695014. ADDL.R9. THE ROAD SAFETY COMMISSIONER, 4TH FLOOR, TRANS TOWERS, DPI, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-695014. (SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 8 & 9 AS PER ORDER DATED 06- 10-2022). ADDL.R10- T.N.PRATHAPAN, AGED 69 YEARS, SON OF NARAYANAN, RESIDING AT THOTTUPURATH HOUSE, ANJUMURI, THAMMANAM,ERNAKULAM- 682032.(ADDL.R10 IMPLEADED AS PER ORDER DATED 10/11/2022 IN IA 3/2022). ADDL.R11.KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.(ADDL.R11 IS SUO MOTU IMPLEADED AS PER ORDER DATED 10-11-2022 IN WP(C). ADDL.R12- ASSOCIATION OF ENGINEERS KERALA, [RECOGNIZED VIDE G.O. (M.S) NO.506/63 DATED 21.11-63 OF PUBLIC (SERVICES D) DEPARTMENT], REPRESENTED BY ITS GENERAL SECRETARY- I.V.SUSHEEL, PMG JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -695033( ADDL.R12 IMPLEADED AS PER ORDER DATED 22/12/2022 IN IA 4/2022) 13 ADDL.R13-FRANCIS JOSEPH AGED 41 YEARS, SON OF JOSEPH FRANCIS, RESIDING AT ROSE WP(C ) NO. 34310 OF 2019 3 VILLA, ALAPPAT CROSS ROAD, RAVIPURAM, KOCHI- 682015(ADDL. R13 IMPLEADED AS PER ORDER DATED 01/03/2023 IN IA 1/23). ADDL R14- BHARATHI AIRTEL LTD., REPRESENTED BY ITS SENIOR LEAD- LEGAL AND REGULATORY MRS.SHEENA SAMUEL SL AVENUE, NH BYPASS, KUNDANOOR JUNCTION, MARADU P.O., COCHIN( IMPLEADED AS PER ORDER DATED 01/03/2023 IN IA 2/23) ADDL.R15: BSNL EXCLUSIVE TELECOM INFRA PROVIDERS ASSOCIATION, REPRESENTED BY AJAY KUMAR N.V., GENERAL SECRETARY, 1ST FLOOR, SRUTHI. KACHAPPILLY ROAD, VYTILLA, ERNAKULAM- 682019.(IMPLEADED AS PER ORDER DATED 24/03/2023 IN IA 4/2023) ADDL.R16: HUMAN RIGHTS FOUNDATIONS, REP BY ITS SECRETARY, ADV BINI KRISHAN, KERALA STATE COMMITTEE, CALICUT COLLEGE BUILDING,ASIKA HILLS, NEAR IMA BLOOD BANK, THODUPUZHA, IDUKKI DISTRICT, KERALA, PIN-673 123 (ADDL.R16 IMPLEADED AS PER ORDER DATED 03.06.2024 IN IA 1/2024 IN WP(C)) ADDL.R17. THE PROJECT DIRECTOR, NHAI, PROJECT IMPLEMENTATION UNIT, COCHIN II (ADDL.R17 IS SUO MOTU IMPELADED AS PER ORDER DATED 09-07-2024 IN WPC) 14 15 16 17 BY ADVS. K.P.JUSTINE (KARIPAT) GOVERNMENT PLEADER SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY A.K.PREETHA T.RAMPRASAD UNNI K.P.PRADEEP A.ARUNKUMAR V.V.ASOKAN (SR.) JAI MOHAN S.PRASANTH (AYYAPPANKAVU) C.R.SIVAKUMAR SHRI.K.V.MANOJ KUMAR, SENIOR GOVERNMENT PLEADER GEORGIE JOHNY SANAND RAMAKRISHNAN T.T.BIJU T.THASMI M.J.ANOOPA WP(C ) NO. 34310 OF 2019 4 SANU S MALAKEEL VINEETH KOMALACHANDRAN UTHARA ASOKAN M.GOPIKRISHNAN NAMBIAR VARSHA BHASKAR ANUPAMA SIBI C.ANIL KUMAR(K/000906/1993) DEVIKA MOHAN(K/1257/2021) JITHIN VARGHESE(K/1135/2021) SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION S.SOORYA GAYATHRY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C ) NO. 34310 OF 2019 5 JUDGMENT This Court has already delivered a detailed judgment in a connected case; (namely WP(C)No.32680 OF 2008) and in fact, the reports filed therein are being considered on a regular basis. This Writ Petition is, therefore, ordered in terms of the above said judgment. Sd/- DEVAN RAMACHANDRAN JUDGE SAS WP(C ) NO. 34310 OF 2019 6 APPENDIX OF WP(C) 34310/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 RESPONDENT EXHIBITS TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MATHRUBOOMI DAILY DATED 13/12/2019. TRUE COPY OF THE PHOTOGRAPH OF THE PATH WHOLE WHERE IS ACCIDENT OCCURRED. Exhibit R10 A TRUE COPY OF THE GUIDELINES FOR PEDESTRIAN FACILITIES BY THE INDIAN ROAD CONGREE.. Exhibit R10 B TRUE COPY OF THE JUDGMENT IN WPC. NO.19881 OF 2016 (S) PASSED BY THIS HON'BLE COURT. Exhibit R10 C Exhibit R10 D Exhibit R10 E Exhibit R12(a) Exhibit R12(b) TRUE COPY OF THE COMPLAINT SUBMITTED BY ME BEFORE THE KERALA STATE HUMAN RIGHT COMMISSION. TRUE COPY OF THE ORDER H.R.M.P. NO 7295/11/3/21 DATED 27.4.2022 ISSUED BY KERALA STATE HUMAN RIGHT COMMISSION. TRUE COPY OF THE COMPLAINT SUBMITTED BY ME BEFORE THE CHIEF ENGINEER KSE BROAD PALARIVATTOM. TRUE COPY OF THE MINUTES/ RESOLUTION DATED 16.10.2022 OF THE ASSOCIATION OF ENGINEERS KERALA TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 19.07.2022 IN W.P. (C) NO.34310 OF 2019 Exhibit R12(c) TRUE COPY OF THE CIRCULAR NO.G2/428/2019/PWD DATED 02.09.2022 ISSUED BY THE 2ND RESPONDENT Exhibit R12(d) TRUE COPY CIRCULAR NO.DB/1/10940/22/CE/LID&EW DATED 29.09.2022 ISSUED BY THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT (LSGD) WP(C ) NO. 34310 OF 2019 7 Exhibit R12(e) Exhibit 12(f) Exhibit 12(g) Exhibit R12(h) Exhibit R12(i) TRUE COPY OF THE GOVERNMENT ORDER NO-G.O. (P)NO.3/2017/PWD DATED 09.08.2017 AND RELEVANT EXTRACT OF ISSUED BY THE CLAUSES 45.3, 46.2 AND 46.3 OF THE STANDARD BID DOCUMENT (SBD) ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (MS)NO.73/2013/PWD DATED 31.08.2013 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE REVISED GUIDELINES - CIRCULAR NO. CEPWD/12100/2020-VIGILANCE 4-AD DATED 11.05.2022 ISSUED BY THE CHIEF ENGINEER (ADMINISTRATION) OF KERALA PUBLIC WORKS DEPARTMENT (PWD) TRUE COPY OF THE RELEVANT PAGES OF THE PWD MANUAL SPECIFYING THE DUTIES AND RESPONSIBILITIES OF THE VIGILANCE WING TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (P)/65/92/VIG. DATED 12.05.1992 ISSUED BY THE COMMISSIONER & SECRETARY, HOME AND VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA Exhibit R12(j) TRUE COPY OF THE MEMORANDUM DATED 06.10.2022 SUBMITTED BY THE PETITIONER Exhibit R12(k) ANNEXURE I ANNEXURE II TRUE COPY OF THE IRC: 82-2015 CODE OF PRACTICE FOR MAINTANANCE OF BITUMINOUS ROAD SURFACES DATED NIL ISSUED BY THE INDIAN ROAD CONGRESS (IRC) TRUE COPY OF THE LETTER No. KMRL/PRJ/SN-PETTA RW/284/2016 VOL.II/220 DATED 31.07.2019 TRUE COPY OF THE LETTER No.14011/2/1/Maint./EE/2022/0956 dated 20.09.2022 Exhibit R13(a) TRUE COPY OF THE DESIGN GUIDE FOR ROAD SURFACE DRESSING BY D BATEMAN Exhibit R13(b) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER HEREIN DATED 17-01-2023 BEFORE WP(C ) NO. 34310 OF 2019 Exhibit R14(a) Exhibit R14(b) Exhibit R14(c) Exhibit R14(d) Exhibit R14(e) Exhibit R14(f) Exhibit R14(g) 8 THE 2ND RESPONDENT HEREIN TRUE COPY OF THE REPRESENTATION DATED 21.10.2022 SUBMITTED BY THE PETITIONER HEREIN TO THE SECRETARY, KOCHI MUNICIPAL CORPORATION. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER HEREIN TO THE SECRETARY, TRIKKAKARA MUNICIPALITY TRUE COPY OF THE REPRESENTATION DATED 07.12.2022 SUBMITTED BY THE COAI TO THE CHIEF SECRETARY, GOVT. OF KERALA. TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 2ND RESPONDENT CORPORATION AND M/S TELESONIC NETWORKS LTD. DATED 21.04.2021. TRUE COPY OF THE DEMAND NOTE DATED 19.03.2021 ISSUED BY THE 2ND RESPONDENT CORPORATION TO M/S TELESONIC NETWORKS LTD. TRUE COPIES OF TWO DEMAND DRAFTS DATED 25.03.2021 IN FAVOUR OF THE SECRETARY OF THE KOCHI MUNICIPAL CORPORATION. TRUE COPY OF THE PROCEEDINGS DATED 06.08.2022 ISSUED BY THE SECRETARY OF THE KOCHI MUNICIPAL CORPORATION. Exhibit R14(h) True copy of the photos showing the cut boxes. Exhibit R15(a) PHOTOSTAT COPY OF THE BOARD ORDER DATED 19/09/2022 ISSUED BY THE KSEB Exhibit R15(b) PHOTOSTAT COPY OF THE SAID BOARD ORDER DATED 24/12/2022 ISSUED BY THE KSEB Exhibit R15(c) TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR (DISTRIBUTION, IT & SCM) DATED 15-1- 2023 Exhibit R15(d) TRUE COPY OF THE ORDER ISSUED BY THIS HON’BLE WP(C ) NO. 34310 OF 2019 9 COURT ON 23-2-2023 Exhibit R15(e) TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT COCHIN CORPORATION ON 24-2-2023 Exhibit R15(f) TRUE COPY OF THE ORDER ISSUED BY THE KSEB DATED 25-2-2023 Exhibit R15(g) TRUE COPY OF THE ORDER ISSUED BY THIS HON’BLE COURT DATED 1-3-2023 Exhibit R-15a TRUE COPY OF PHOTOGRAPH Exhibit R19(a) TRUE COPY OF THE JUDGMENT DATED 22-5-2019 IN WP (c)NO 33103 OF 2016 Exhibit R17(A) A TRUE COPY OF THE PARKING VIOLATION CHALLAN ISSUED BY THE BY THE ERNAKULAM CITY TRAFFIC POLICE ON 17.06.2024 R1 R2 THE REPORT SUBMITTED BY THE CONCESSIONAIRE/ENGINEER KHPL/2024-25/TK 1420/659 DATED 05.11.2024 FIR NO. 1464/2024 DATED 13.10.2024 BY KODUNGALLUR POLICE STATION