Kerala High Court files case after delivering final judgment after construction accident

In an unusual move, the Kerala High Court on Friday listed a case even after the delivery of the final judgment following an accident that put things on another track.

Judge Devan Ramachandran when issuing the order pointed out:

“This is a rather unusual situation where this Court has listed this case even after the delivery of the final judgment. by this Court, as regards the “Seena Thodu” was operated by the Corporation of Kochi. “

The above developments ensued in a plea where the applicants approached the Court to request instructions from the Company to widen the drain (Seena Thodu) running on the south side of the Shenoy Cross Road towards Kathrikadavu.

After considering all the dialectical claims, the Court ruled that no one could oppose the petitioner’s request to widen the drain sufficiently so that there was no flooding, especially since it was was the monsoon season when the by-law was passed.

The Company was therefore ordered to widen the drain / thodu through the properties belonging to the respondents, to the extent possible to the same width available with respect to the rest of the section within a period of one month from of May.

An extension to complete the same was also subsequently granted. However, the recent accident was brought to the attention of the Court:

“Preliminary reports of the crash show that one person died in the crash, while two others endured excruciating pain for hours. The newspaper articles and photographs would pierce the heart of any sane person, and this Court is more concerned because the work is being done in accordance with directives issued by the Court. ”

The Court held that even if it had not offered to say anything recriminating against any of the stakeholders at that time, on the face of it, a suspicion of a lack of proper oversight would certainly come to the fore. .

Lawyer Rajesh Subramaniam Appearing for Respondent # 7, before whose property the accident occurred, asserted that if proper care had been taken the accident could have been easily avoided. In fact, he argued that such accidents were expected for the same reason and, therefore, pleaded for the Court to step in and issue the necessary directions.

It was further argued that the necessary investigations are now being conducted and that relevant reports will be filed with the Court.

“That said, at the present time, this Court is more concerned with the health and care of those who survived the accident and that all support be offered to the family of the person who unfortunately died,” said the court.

He added :

“I am aware that there are statutory provisions that would cover the area, but since the workers are not from Kerala, they may not get the necessary advice and support they would normally deserve.”

The secretary of the District Legal Services Authority (DLSA) was therefore tasked with investigating the incident, particularly from the perspective of the workers involved and ensuring that they received all the support and advice needed to go forward.

It was also argued that appropriate action has already been taken, noting the various newspaper articles.

“Since then, the information available to this Court is still unclear as to the whereabouts of the survivors – although Sri.Lal George, the applicants’ learned lawyer, argued that one of them in hospital from Ernakulam District – I lead the District Collector and the Kochi Society to immediately determine which hospitals survivors have been admitted to and ensure they receive the best possible medical aid and facilities. “

The directors of the hospitals where the survivors are admitted have thus been tasked with ensuring that the best team of doctors and nurses are available to them, in order to return them to a normal life, as far as possible.

Quoad hoc of the work on the “Seena Thodu”, the Kochi Corporation was also tasked with ensuring that it is now only pursued with competent and necessary supervision, especially from an engineering perspective, in order to ‘avoid such accidents in the future.

The case was placed 20th for further consideration.

Case title: Gracious Kuriakose v. State of Kerala and Ors.

Click here to read the order

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Bernice Dyer

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