District collector responsible for dangerous condition of road

Kerala High Court W.P.(C) Nos.34310/2019 & 32680/2008 

it must be remembered that the creation of pothole or crater on a road can only be construed as a  “man made disaster” under the provisions of the Disaster Management Act. This Court has already so declared in the earlier interim orders and has authorized the District Collectors to act within their statutory powers.

18. It would not require this Court to prod them constantly since their work is a continuous one - on an hour to hour or minute to minute basis - depending upon the conditions of the roads in the territories under their control. The officers under the various District Collectors - in their capacity as Chairman or Chairperson of the the Disaster Manager Authority - must be instructed to visit and watch every road and to ensure that all of them are kept free of disaster, lest another accident happened.

19. Certainly, the Government of Kerala will be at liberty to issue necessary circulars in this regard, which I order them to do in addition to the one relating to the vigilance cases; but I hereby, direct the District Collectors to act proactively to avert 'man made disasters' on the roads; and I caution them that every further accident will have to be explained by them in future.

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25. The earlier invitation to the public to approach the learned Amici Curiae will remain in force; but I add that they will also be at liberty to approach the District Collector through their online portals/pages for this purpose. If any such information is brought to the notice of the District Collectors, then they, in their capacity as Chairperson of the District Disaster Management Authority, will register it as a case and cause an enquiry into it; thus leading to necessary action thereon. Should any District Collector fail or refuse to do so, it will be seen as a violation of their statutory duties and necessary consequences will be forced  to be ordered by this Court in due time.

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