This story is from September 24, 2019

Palarivattom Flyover: Don't demolish until October 10, orders Kerala HC

Palarivattom Flyover: Don't demolish until October 10, orders Kerala HC
Picture used for representational purpose only
KOCHI: The Kerala High Court on Tuesday directed not to demolish Palarivattom flyover until October 10.A division bench comprising acting chief justice CK Abdul Rehim and justice R Narayana Pisharadi issued the directive after hearing a petitions filed by P Varghese of Rayamangalam near Perumbavoor, through advocate CS Manu, and Jaffer Khan of Vengola, through advocate Saijo Hassan.However, the court has allowed the state government to take a final decision in the matter and to complete the related procedure.It was alleged by the petitioners that the structural stability of the flyover is easily accessible by conducting essential tests, especially the load test. However, the government is going ahead with the plan to demolish the flyover without even conducting a load test. If a load test is conducted, which could take up to two weeks, and no issue is found with the flyover’s structural stability, vehicular traffic can be allowed after completing the required maintenance, the petitions had stated.At the admission hearing, the division bench said it is up to the government to decide on what action to take and that the court can only consider whether the government’s decision is legally sustainable.State attorney KV Sohan submitted to the court that the condition of the flyover is extremely dangerous and it is based on expert advice that the decision to demolish it and reconstruct the flyover was taken. He also asked whether the petitioners would take up the responsibility of opening the flyover for vehicular traffic after conducting the load test.
Asking whether there exists reports in favour of as well as against demolishing the flyover, the court asked the government to file an affidavit explaining its stance and directed for not demolishing the flyover until 10 October.Meanwhile, another bench of the high court that considered bail applications of the accused in the case alleging lapses in construction of the flyover said investigation can continue.Considering the bail applications filed by four of the accused, including former PWD secretary TO Sooraj, the court said it does not intend to issue a stay on the investigation at this stage. The court has also asked the prosecution to produce the case diary and to submit evidence against each of the accused in a sealed cover.

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About the AuthorMahir Haneef

Mahir Haneef has been covering the High Court of Kerala since 2011.

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