JUDGMENT : S. Manikumar, J. Instant writ petition is initiated suo motu by this Court to prevent the death of pedestrians due to lack of footpaths and over speeding of Tipper Lorries. 2. When the matter came up for hearing, on behalf of Secretary, Public Works Department/respondent No.2, it is submitted that footpath is being provided in the major portions under the Safe Corridor projects implemented through KSTP wing of Public Works Department and funds are obtained from KIIFB and directions have been given for taking steps to provide footpath under the caption “Operation Footpath”. 3. Principal Secretary to the Government, Transport Department, Thiruvananthapuram/respondent No.3 submitted that steps have already been initiated by the Motor Vehicle Department as regards the road safety ie., identification of accident black spot and rectification, identification of critical roads stretches for urgent action and the awareness program in schools and other places. 4. Even though respondent No.2 has filed a statement dated 02.11.2022, setting out the number of the footpaths ie., 128630, the areas where steps are taken to provide footpath, viz., ongoing projects in various Districts, the details relating to the fund allocated and time for completion of the work, were not furnished. So also, though details of the proposed footpath in various Districts, numbering 86781, is mentioned in the tabular column, in the statement, the areas where the proposed footpaths are sought to be provided, fund required to be allocated and the time for completion of the finalisation of the proposals were not stated specifically. 5. Accordingly, the Secretary to the Government, Public Works Department, Thiruvananthapuram/respondent No.2 has filed details of on going and proposed footpath works in the State Highways and Major Districts Roads and the time for completion of the same. 6. In the additional statement filed on behalf of the 2nd respondent dated 4.3.2023, it is stated that construction proposed to provide footpath can only be taken up depending upon the availability of funds through budget provision. 7. 6. In the additional statement filed on behalf of the 2nd respondent dated 4.3.2023, it is stated that construction proposed to provide footpath can only be taken up depending upon the availability of funds through budget provision. 7. Having gone through the additional statement dated 4.3.2023, filed by the Chief Engineer, PWD Roads, Thiruvananthapuram, we directed the Principal Secretary to the Government, Transport Department, Thiruvananthapuram respondent No.3, to submit the details of the budgetary allocation for the last five years for providing footpath, as well as the details of the proposals received from the PWD Roads, for providing footpaths in various areas furnished in the table submitted along with the statement. 8. On 4.4.2023, we passed the following order: “On 06.03.2023, we passed an order indicating that unless and until there is availability of funds for the construction of the proposed pathway, nothing can be done. In this day, when the matter came up for hearing, on the basis of the averments made in the statement dated 01.04.2023, filed on behalf of the Secretary to Government, Transport Department, Government Secretariat, Thiruvananthapuram, Mr.K.P.Harish, learned Senior Government Pleader made submissions. “5. Extract of the Kerala Road Safety Authority act and Rules 2007 are furnished below: "Any amount transferred to the Fund shall be charged on the Consolidated Fund of the State. Establishment of the Fund (1) After the constitution of the Authority, within one year, there shall be established a Fund to be called the Kerala Road Safety Fund. These shall be credited to the Fund (a) the amount transferred under sub-section (6) of section 10; (Road safety cess) (b) grants, loans or advances made by the Government; (c) grants. loans or advances made by the Government of India; (d) contributions from public or private institutions of organisations: (e) compounding fee collected under section 28. These shall be credited to the Fund (a) the amount transferred under sub-section (6) of section 10; (Road safety cess) (b) grants, loans or advances made by the Government; (c) grants. loans or advances made by the Government of India; (d) contributions from public or private institutions of organisations: (e) compounding fee collected under section 28. The Government shall contribute to the Fund every year, an amount equal to fifty per cent of the compounding fee collected in the previous year under section 200 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) Utilisation of the Fund-The fund shall be utilised for all or any of the following purposes, namely: (a) road safety programmes; (b) awareness programme in respect of road safety: (c) purchases of equipments connected with road safety: (d) funding of approved studies on projects and research regarding road safety: (e) trauma-care programmes and related activities; (f) administrative expenses of the Authority; (g) expenditure on matters connected with road safety, as the Authority may deem fit; and (h) any other purpose as may be prescribed. 6. The details of projects for which funds sanctioned by Kerala Road Safety Authority to Public Works Department for construction of road safety works including pedestrian facilities is furnished as follows:- School Zone Improvement This project aims at making the school zone safe. The main components of school zone treatment are construction of path for safe walking, providing handrails for footpaths, providing zebra crossing, marking and stop lines, installing mandatory and cautionary sign boards, providing rumble strips for traffic calming. In first phase, 50 schools across the state are selected for improvement. School zone improvement is complete in 16 schools and project is under implementation in remaining schools. Black Spot Management The improvement measures suggested for various black spots comprise of the following engineering measures to minimize the number of crashes at selected black spots. (a) Road markings and road studs; (b) Road signs: (c) Short term visibility enhancement measures; (d) Speed calming engineering measures; (e) Pedestrian crosswalks/walkways: (f) Road barriers & delineators; (g) Street lighting: (h) Pavement and Shoulder Treatment. (a) Road markings and road studs; (b) Road signs: (c) Short term visibility enhancement measures; (d) Speed calming engineering measures; (e) Pedestrian crosswalks/walkways: (f) Road barriers & delineators; (g) Street lighting: (h) Pavement and Shoulder Treatment. Details of funds allotted to Public Works Department Year Proposal Amount released KRSA mmeting 2018­ 19& 2019-20 Improvement of black spot during the year 2015-16 6 crore (1 crore on 21.12.2018 & 5 crore on 21.09.2019) 28th KRSA meeting dated 20.01.2016 2020-21 School Zone Improvement 5,45,94,050/-{2,73,00,000/-on 12.02.2021 & 2,72,94,050/-on 15.09.2021} 43rd KRSA meeting dated 08.01.2021 & 44th KRSA meeting dated 14.07.2021 Total amount released 11.45 crores Details of funds approved but not allocated due to pending utility certificates Year 2023 Proposal Improvement of black spot during the year 2019 Amount approved 23.5 crore {pending for release for want of UC for already released amount} KRSA meeting 44th KRSA meeting dated 14.07.2021 & 45th KRSA meeting dated 09.03.2022 As far as the additional statement filed by PWD, listing out the details of foot path work and the proposed foot paths, are concerned, four among them listed below are funded by KRSA: 1. Chadayamangalam section: Parippalli-Madathara Road. (work in progress) 2. Government UPS Manganam in SH 9 under roads section. Kottayam. (Pending as demarcation of boundary has not yet been done). 3. Government HSS Perumbavoor and Anitha Vidyalaya HSS, Kalady(work completed). 4. Guruvayoor Althara Ponnani Road, Chavakkadu Section (submitted for technical sanction).” 2. That apart, on the basis of the further instructions dated 04.04.2022 from the Office of the Chief Engineer (Roads), Thiruvananthapuram, Mr.K.P.Harish, learned Senior Government Pleader further submitted that there are certain proposals for providing footpath to the PWD roads, for which funds have to be allocated from the Government. In that respect, funds which have been allocated already for providing footpaths in many divisions, in some cases works are completed and in another places, works are in progress. Details of the proposal for providing footpath in PWD roads and the details of the footpath provided allocation are furnished. 3. Mr.K.P.Harish, learned Senior Government Pleader submitted that he would get further instructions regarding allocation of funds for the proposals for providing footpath in PWD roads. Post on 11.04.2023.” 9. On this day, when the matter came up for further hearing, pursuant to the directions of this Court dated 06.03.2023, Mr. 3. Mr.K.P.Harish, learned Senior Government Pleader submitted that he would get further instructions regarding allocation of funds for the proposals for providing footpath in PWD roads. Post on 11.04.2023.” 9. On this day, when the matter came up for further hearing, pursuant to the directions of this Court dated 06.03.2023, Mr. K. P. Harish, learned Senior Government Pleader, referring to the instructions dated 12.04.2023 obtained from the Chief Engineer, Public Works Department, Thiruvananthapuram, submitted that the budgetary allocation for roads wing under PWD is coming under two separate heads, one for improvement of State Highway (SH) and another for improvement of Major District Roads (MDR). No separate budget allocation is provided for the construction of footpath alone in the budget and so the construction of footpaths at necessary locations are being carried out along with the fund provided for the improvement of SH and MDR in the respective budget heads for each financial year. Other than the mentioned provision in the budget, Kerala Road Safety Authority (KRSA) funds provided for school zone improvement are also being utilized for the construction of footpaths. He has produced the details of budgetary allocation for the last five years for providing footpath, as hereunder: 10. Referring to the instructions dated 04.04.2022 obtained from the Chief Engineer, Public Words Department, Thiruvananthapuram, learned Senior Government Pleader further submitted that no separate funds are earmarked exclusively for the construction of footpath in the budget. He also submitted that the construction of footpath is usually carried out along with the improvement works in that portion of the road. 11. As per the instructions received, learned Senior Government Pleader further submitted that while considering the new proposal for improvement works, provision for footpath construction are included if land is available. Proposals received for providing footpaths in the PWD roads can be taken up only when the budgetary provision for the improvement works or resurfacing works are allotted. 12. In this context, he has produced the details of the footpaths provided as a part of the improvement works in the P.W.D. roads and the proposals to be implemented (based on the budget allocation), which are extracted hereunder. 13. 12. In this context, he has produced the details of the footpaths provided as a part of the improvement works in the P.W.D. roads and the proposals to be implemented (based on the budget allocation), which are extracted hereunder. 13. Learned Senior Government Pleader has also produced the details of fund to be allocated for each District for the construction of footpath, as hereunder: No. DISTRICT AMOUNT 1 Thiruvananthapuram 7,50,00,000 2 Kollam 2,60,00,000 3 Pathanamthitta 2,50,00,000 4 Kottayam 5,25,00,000 5 Alappuzha 1,57,70,000 6 Idukki 3,50,00,000 7 Ernakulam 26,39,60,000 8 Thrissur 14,78,00,000 9 Palakkad 6,23,00,000 10 Malappuram 8,50,00,000 11 Kozhikode 14,50,00,000 12 Wayanad 77,00,000 13 Kannur 2,65,00,000 14 Kasaragod 50,00,000 Total 97,25,30,000 14. Placing on record the above, we direct the State of Kerala, represented by the Chief Secretary, Government of Kerala Thiruvananthapuram; the Secretary to the Government, Public Works Department, Government of Kerala, Thiruvananthapuram; the Principal Secretary to the Government, Transport Department, Government of Kerala, Thiruvananthapuram; and the Kerala Road Safety Authority, represented by its Chief Executive Officer, Vazhuthacaud Thiruvananthapuram, respondents 1 to 4 respectively, to make sufficient budgetary allocation for laying roads with footpaths, as expeditiously as possible, and in particular, giving due consideration to the accident prone and other areas, where immediate attention is required. With the above directions, writ petition is disposed of. Registry is directed to post the matter after four months for submission of the report. Pending interlocutory applications, if any, shall stand closed.