C. A. N. Subramoniya Sarma, S/o. N. Narayana Sarma v. State of Kerala, Represented By The Secretary To Government, Public Works Department, Secretariat, Thiruvananthapuram
2025-07-30
BASANT BALAJI, NITIN JAMDAR
body2025
DigiLaw.ai
JUDGMENT : Nitin Jamdar, C.J. The Petitioners have filed this Public Interest Litigation, highlighting the traffic congestion around the East Fort area of Thiruvananthapuram City. 2. The East Fort area is a hub for commercial, transportation and recreational activities in the city. It has Sree Padmanabha Swamy Temple, city bus terminal, and a market and criss-cross movement of pedestrians on the roads, along with public transport buses operated by the Kerala State Road Transport Corporation (KSRTC), and the private buses terminate at East Fort area. The Petitioners have stated the high volume of bus maneuvers and frequent pedestrian crossings have led to numerous fatalities. It is stated that around 800 public transport buses and 100 private buses operate trips to East Fort daily, with nearly two lakh passengers passing through the area and about one lakh devotees visiting the temple each day. A large number of individuals depend on bus schedules for their travel to and from the East Fort area. Petitioners with a grievance that, despite the urgent need for intervention, administrative apathy has resulted in continued hazardous situations prevailing in the East Fort area of Thiruvananthapuram city, have approached this Court seeking necessary directions to the Respondents to take steps to remedy the situation. The Petitioners have also sought for a direction in respect of erecting foot overbridges with escalators for the easy and safe movement of pedestrians at the East Fort area of Thiruvananthapuram city. 3. Heard Ms. Namitha Neethu Balachandran, learned counsel representing Mr. P. Rahul, learned counsel for the Petitioners, Mr. K.V. Manojkumar, learned Senior Government Pleader, Mr. Brejima Unnikrishnan, learned counsel representing Mr. Suman Chakravarthy, learned Standing Counsel for Thiruvananthapuram Corporation and Ms. Mitha Sudhindran, learned counsel representing Mr. Riji Rajendran, learned Standing Counsel for NATPAC. 4. The National Transportation Planning and Research Centre (NATPAC), established by the Government of Kerala was asked to study the issue of traffic congestion in this area. The NATPAC conducted a detailed study of the area and proposed three-foot overbridges with escalators to facilitate safe and convenient movement of pedestrians and vehicles in the area. The one foot over bridge near the Attakulangara side and the second, from the KSRTC depot to Gandhi Park and the third, near Pazhavangadi temple. NATPAC recommended continuous pedestrian guard rails with limited openings, the creation of bus bays, relocation of street vendors and strong enforcement by the Police.
The one foot over bridge near the Attakulangara side and the second, from the KSRTC depot to Gandhi Park and the third, near Pazhavangadi temple. NATPAC recommended continuous pedestrian guard rails with limited openings, the creation of bus bays, relocation of street vendors and strong enforcement by the Police. In its Annual Report 2016-17, NATPAC has provided the background and the details and has also proposed various measures. The Report shows that the Cotton Hill Girls Higher Secondary School area, Vazhuthakkad, Pattom-Kesavadasapuram road and East Fort area are the three major pedestrian intense areas in Thiruvananthapuram city. As high pedestrian areas are located on the busy road corridors, the pedestrian movements severely affect the vehicular movement on the main roads apart from putting the pedestrians especially, school children at high safety risk. A pre-feasibility study was carried out for providing grade separated pedestrian facility at the three locations. Cotton Hill High School witnessed about 700 pedestrian cross movements during peak hours. About 3000 pedestrians cross during peak hours of St. Mary’s High School. Most of the public buses which include KSRTC as well as private buses have their destination at East Fort. The high number of bus maneuvers and heavy pedestrian zigzag crossing movements affects the smooth flow of traffic in this stretch and has led to many fatalities. All these warrants immediate provision of grade separated facilities for the pedestrians in the area. 5. When the Petition came up on board on 13 November 2024, we had asked the Chief Engineer of the Public Works Department (Road Division) in Thiruvananthapuram city to give audience to the petitioner in W.P(C)No.20485 of 2024, wherein they could give suggestions and point out the shortfalls. Thereafter, the interaction took place and the Transport Commissioner placed a statement on record making certain recommendations. Considering these recommendations, further meeting was directed to be held which was presided over by the Minister for Transport Department. This meeting was attended by the Transport Commissioner, the Road Safety Commissioner, Special Secretary, Transport Department, the Executive Director of KSRTC and the Additional Secretary of the Public Works Department and other officers from Planning Department and Transport Department of the State. The learned Government Pleader has placed before us the minutes of the meeting. He has also placed before us the action taken report prepared by the Joint Secretary of the Public Works Department. 6.
The learned Government Pleader has placed before us the minutes of the meeting. He has also placed before us the action taken report prepared by the Joint Secretary of the Public Works Department. 6. The Regional Transport Officer, Thiruvananthapuram also conducted a study and submitted a report to the District Collector regarding pedestrian safety. The Regional Transport Officer (Enforcement) recommended the following measures: “Pedestrian Safety Standards - Crosswalks:- Marked crosswalks should be provided at all major intersections, equipped with pedestrian signals and countdown timers. - Sidewalks:- Well-maintained sidewalks should be installed on both sides of the road to provide a safe walking space. This may require the demolition of shops and evacuation of street vendors in some areas. - Traffic Calming Measures:- As a short-term measure, raised intersections should be introduced. These intersections have slightly elevated flat sections with ramps on all sides, facilitating pedestrian crossing while slowing down vehicle traffic. Buses, in particular, would need to pass slowly, reducing the risk of accidents. Additionally, speed humps and speed cushions should be installed. - Signage and Markings:- Clear signage and pavement markings should indicate pedestrian crossings, stop lines and other traffic regulations. Impact on Safety - Limited Visibility:- Parked buses obstruct the view of other vehicles, especially when navigating around the bus stand area, increasing the risk of collisions between vehicles and pedestrians, particularly during the peak traffic hours. - Reduced Road Space :- The double-row parking of buses reduces the available space for other vehicles, causing congestion and delays, and frustrating commuters. - Traffic Disruption:- The second row of buses often blocks lanes, leading to honking, aggressive driving, and a higher risk of road rage incidents. Deficiencies in Bus Operations and Current Parking Situation:- - Double Parking :- Buses are currently parked in two rows-one in the designated bus bay and the other in adjacent lanes intended for moving vehicles. - Overcrowding :- The double-row parking leads to overcrowding in the bus stand, limiting space for buses to maneuver, especially during peak hours. - Obstructed Lane :- The second row of buses extends into the main road, blocking one lane of traffic and forcing other vehicles to navigate through already narrow lanes, which adds to traffic congestion. - Lack of Bus Bays :- Dedicated bus bays should be constructed to allow buses to pull over and discharge or pick up passengers without disrupting traffic flow.
- Lack of Bus Bays :- Dedicated bus bays should be constructed to allow buses to pull over and discharge or pick up passengers without disrupting traffic flow. - Passenger Waiting Areas :- Safe and well-lit waiting areas should be provided for passengers, away from traffic lanes. - Bus Schedule Co-ordination :- Bus schedules should be coordinated via a digital or electronic platform to minimize the number of buses arriving at the stand simultaneously. Recommendations To enhance pedestrian safety and improve bus stand operations in East Fort, the following actions are recommended: (1) implement Pedestrian Safety standards : Install marked crosswalks, raised crosswalks, sky walks, well-maintained sidewalks, traffic-calming measures and signage to improve pedestrian safety. (2) Recognize Parking : Allocate a separate space for bus parking to prevent obstruction of lanes designated for regular traffic. (3) Create Bus Bays : Construct dedicated bus bays to allow buses to pull out of traffic while passengers board and alight. (4) Provide Passenger Waiting Areas :- Establish safe, well-lit waiting areas for passengers, away from traffic lanes. (5) Coordinate Bus Schedule s:- Use an electronic platform to synchronize bus schedules and reduce congestion caused by multiple buses arriving at the bus stand simultaneously. (6) Enforce Traffic Regulations :- Strictly enforce traffic regulations, including fines for double parking and other violations.” *** A joint site visit was conducted by the officials from the Design Wing and the Kerala Road Fund Board (KRFB) on 27 June 2025. It was observed that most of the proposals suggested by NATPAC are necessary and relevant for improving safety and reducing congestion in the area. 7. In the meeting held under the chairmanship of the Minister for Transport Department, the recommendations of the Transport Commissioner were taken into consideration. The minutes of the said meeting dated 25 June 2025 read thus: “(1) In the meeting convened on 25.06.2025 @ 3 P.M by the Honourable Minister for Transport Department in order to review the comprehensive road safety action plan prepared by the NATPAC for implementing the road safety in Kerala, the action to be taken in compliance with the interim order dated 21.03.2025 issued by the Honourable High Court of Kerala in WP(C) No.39438/2024 filed by Sri.C.A.N Subramaniya Sarma and 3 others, are also discussed.
(2) The Transport Commissioner had informed the meeting that as per interim order dated 21.03.2025 in WP(C) No.39438/2024 issued by the Honourable High Court it was directed to inform the Government about the further action to be taken considering the statement filed by the Transport Commissioner before the Court. It is further informed by the Transport Commissioner that the issue referred to in the report submitted by the NATPAC is the same that of the issue in the above writ petition. Recommendations The Transport Commissioner recommended the following actions to enhance pedestrian safety and improve bus stand operations in East Fort: (1) Implement Pedestrian Safety standards: Install marked crosswalks, raised crosswalks, sky walks, well maintained sidewalks, traffic-calming measures and signage to improve pedestrian safety. (2) Recognize Parking: Allocate a separate space for bus parking to prevent obstruction of lanes designated for regular traffic. (3) Create Bus Bays: Construct dedicated bus bays to allow buses to pull out of traffic while passengers board and alight. (4) Provide Passenger Waiting Areas: Establish safe, well-lit waiting areas for passengers, away from traffic lanes. (5) Coordinate Bus Schedules:- Use an electronic platform to synchronize bus schedules and reduce congestion caused by multiple buses arriving at the bus stand simultaneously. (6) Enforce Traffic Regulations:- Strictly enforce traffic regulations including fines for double parking and other violations. The Honourable Minister for Transport Department opined that safety measures like Footpath, Barricade etc are to be arranged for the pedestrians. Along with KSRTC buses, private buses are also ending the services at Kizhakkekkotta and such a practice by the private buses are illegal and resulting in traffic blocks. In the subject the Transport Commissioner has to convene a meeting and issues including framing of routes are to be verified and field inspection are to be conducted and based on which solution are to be suggested. Along with same realisation of fine, cancellation of permit, implementing "No Parking "against the law breakers, are to be done.” Decision of the Meeting (1) The Transport Commissioner has to convene an urgent meeting and review the issue relating to the practices of private buses ending their services at Kizhakkekkotta though the service ending by the private buses are not at Kizhakkekkotta. The reason for traffic block Kizhakkekkotta is this practice of private buses ending the trip at Kizhakkekkotta though they are not supposed to do that.
The reason for traffic block Kizhakkekkotta is this practice of private buses ending the trip at Kizhakkekkotta though they are not supposed to do that. (2) The Transport Commissioner has to enquire and take action and to stop the same practices. It is decided to take action by realization of fine, cancellation of permit, implementing "No Parking" based on the verification of trips by private vehicles and verifying their permit and confirming as to whether Private buses are ending their trips as per the permit. (3) An action taken report is to be submitted before the Honourable High Court.” *** 8. The action taken report of the Public Works Department, along with a memo dated 1 July 2025 is placed on record by the learned Senior Government Pleader. Relevant portions of the report read thus: “ xxxxxxxxxxx 8. CE (Design) has submitted a report with a sketch detailing several measures to enhance pedestrian safety and reduce traffic congestion in East Fort area on 27.06.2025 with suggestions aligned with the proposal of NATPAC annual report 2016-17. Most of the remedies like modernization of Traffic signage, construction of additional two Foot overbridges, shifting of bus stand, land Acquisition for bus shelter and traffic control are coming under the purview or Transport Department, Motor Vehicles Dept. Home Department and Trivandrum Corporation. Only the construction of Foot path and pedestrian Guard rails and central median barricading are coming under the purview of PWD. This may be executed through Road Safety fund issued from KRSA. While going through the report from CE(Design) strict enforcement and modification and relocation of the bus bays will ensure smooth six lane traffic. The strict enforcement and modification of traffic signages, relocation of bus deport and pedestrian segregation are to be implemented after preparing a detailed study report. The short terms remedy measures are to be implemented through Transport Commissioner and Traffic Police. The Report submitted by CF, KRHB and CE(Design) after the joint inspection conducted on 27-06-2025 is also enclosed. Report Ref: 1. Govt. Ltr No H1/132/2025/PWD dtd 26/6/2025 2.
The short terms remedy measures are to be implemented through Transport Commissioner and Traffic Police. The Report submitted by CF, KRHB and CE(Design) after the joint inspection conducted on 27-06-2025 is also enclosed. Report Ref: 1. Govt. Ltr No H1/132/2025/PWD dtd 26/6/2025 2. WPC 39438/2024 filed by C.A.N. Subrahmanya Sarma With reference to the above it is reported as follows: The respondents' primary plea involves several measures to enhance pedestrian safety and reduce traffic congestion in the area These include the construction of a foot overbridge with escalators urgent road widening to six lane, shifting of the existing bus bay by acquiring land between "Kottamathil” and the existing bus shelter, land acquisition behind the East Fort bus stop provision of continuous pedestrian guard rails along the footpath, and installation of continuous guard rails along the median. These proposals align with the recommendations made by NATPAC in their Annual Report 2016-17. Additionally, the Transport Commissioner has recommended a set of measures to enhance pedestrian safety and improve the operation of the bus stand. These include,- 1. Implementation of pedestrian safety standards such as marked crosswalks skywalks. traffic calming measures, and signages, 2. Allocation of separate space for bus parking, 3. Creation of dedicated bus bays to enable buses to pull out of traffic, 4. Provision of designated passenger waiting areas, 5. Coordination of bus schodules through an electronic platform to reduce congestion caused by simultaneous bus arrivals, 6. Strict enforcement of traffic regulations. A joint site visit was conducted by officials from the Design Wing and KRFB on 27 G6 2025 is observed that most proposals suggested by NATPAC are necessary and relevant for improving safety and reducing congestion in the area. While the Transport Commissioner's suggestions are broader, components such as bus schedule co-ordinaton, enforcement, and parking space identification would require implementation by other departments Based on the site observations and the above recommendations, the following actions are proposed 1. Relocation of Bus Bay and Encroachment Removal The primary cause of congestion is the existing bus bay in front of 'Kottamathil' and the unauthorized occupation of approximately two-lane width of the carriageway by KSRTC along with unscientific barricading. This setup impedes even KSRTC buses from manoeuvring in and out of the hays, thereby worsening the congestion The solution lies in acquiring the encroached land or removing the encroachments between Kottamathil and the bus shelter.
This setup impedes even KSRTC buses from manoeuvring in and out of the hays, thereby worsening the congestion The solution lies in acquiring the encroached land or removing the encroachments between Kottamathil and the bus shelter. The existing bus bay should be shifted backward, and an additional bus bay should be developed at Kottamathil to prevent obstruction on the main road. 2. Relocation of the bus depot – Now KSRTC buses are seen parked on the road around Gandhi park and on the bus-bay in front of Kottamathil for longer duration creating congestion and safety hazard to pedestrian This should be stoped by providing a suitable bus depot away from this area. 3. Pedestrian Segregation : Safe pedestrian movement requires effective separation from vehicular traffic. While one foot overbridge already exists at the Attakulangara end near Gandhi Park (Constructed by Thiruvananthapuram Corporation), two additional foot overbridges one at the center of the bus bay across main road at the location of Chala Road entry after the KSRTC petrol bunk and another at Pazhavangadi-interconnected via a sky- walk are recommended to significantly improve pedestrian safety. 4. Pedestrian Guard Rails: Continuous hand rail has been installed at left hand side of the road from Pazavangadi to Fast fort with opening provided to allow vehicle access to the petrol pump of KSRTC and Putharikandam ground Any damaged or missing section of the guard rail need to be rectified so that continuous pedestrian guard rail along the entire length of footpath is available with exception to openings as above to ensure safety. 5. Central Median Barricading: Despite raised medians intended to discourage crossing, pedestrians are observed crossing at several locations. It is recommended to install continuous barricades alone arboriculture strip of the central median to prevent unsafe crossings. 6. Repair of Damaged Infrastructure: Although signages and markings are present, several are faced or damaged, including footpath tiles. These deficiencies must be promptly addressed through repairs and replacements. 7. Widening of road to six lane: As per the existing layout limited 3 lane configuration is provided on either side of median to function as six lane road However the unauthorized parkings, encroachments and the bus hay extension of KSRTC has reduced the effective width. Due to the presence of heritage structures further widening may not be easy. Strict enforcement and modification of the busbays will ensure smooth six lane traffic.
Due to the presence of heritage structures further widening may not be easy. Strict enforcement and modification of the busbays will ensure smooth six lane traffic. The above improvements along with strict enforcement will significantly improve the safety of pedestrians and reduce traffic congestion in the East fort area.” *** 9. Therefore, before us there is a complete consensus between all the concerned departments to take measures in respect of the issue at hand and both long term and short term measures have been suggested. Now it is necessary to fix the time line, as the main grievance of the Petitioners is that though there is a consensus, there is a lack of will and no action is being taken. 10. We find no reason why the installation of continuous hand rails, as suggested by the Public Works Department, and the rectification of missing sections of guard rails should not be taken up on immediate basis. Similarly, the installation of a continuous barricade along the central median to prevent unsafe crossing has already been suggested and a timeline needs to be fixed for its implementation. The signages that are faded or damaged and the footpath tiles, can be immediately rectified through repairs and replacements. As regards, the relocation of bus depot which would require finding a suitable area for relocation, if such relocation is not feasible within a reasonable period, the Respondents will have to indicate a viable alternative to address the issue of KSRTC buses being parked on the road for longer duration, thereby creating congestion and safety hazard. As regards pedestrian segregation, it involves the construction of additional foot overbridges, as already recommended by the NATPAC and the Transport Commissioner. The learned Senior Government Pleader points out that this would involve the KRFB and that the process must be initiated at the earliest. 11. The measures decided to be undertaken in the meeting held by the Minister for Transport Department, along with the memo filed by the Public Works Department, indicate that they can be segregated into two types, i.e., initial measures and long-term measures. Accordingly, segregating them as above, we issue the following directions: (A) As regards the repairs of the damaged infrastructure, i.e., signages, markings and footpath tiles, to be repaired and replaced, the same shall be done within a period of four months.
Accordingly, segregating them as above, we issue the following directions: (A) As regards the repairs of the damaged infrastructure, i.e., signages, markings and footpath tiles, to be repaired and replaced, the same shall be done within a period of four months. (B) The pedestrian guard rails, as suggested in the memo, be installed within a period of six months. (C) The process for constructing two additional foot overbridges, one at the centre of the bus bay at the location of Chala road entry after the KSRTC petrol pump and another at Pazhavangadi-interconnected via a skywalk, be initiated within a period of two months. (D) The Transport Commissioner, if not already issued the instructions, will issue necessary instructions to all the concerned officers, within a period of two weeks, monitoring regular traffic movement, such as preventing the illegal movement of private buses ending the trips at Kizhakkekkotta (East Fort), and will place the responsibility on one officer to co-ordinate the monitoring activities. (E) As regards the long-term measures, such as relocation of bus stand, acquisition of land, removal of shops and encroachments, a considered decision regarding the feasibility of these measures be taken within a period of two months from today. If they are not feasible, then appropriate alternative solution be decided. 12. Since the meeting held by the Minister for Transport, the report of the NATPAC’s recommendations submitted by the Traffic Commissioner and the memo of the Public Works Department have all pointed to the above measures, we expect the concerned authorities will work towards finding a solution to the issues highlighted in this petition. 13. In view of the consensus between all the authorities on the measures to be taken and setting the timelines, as above, the writ petition is disposed of.