Duty Of Kochi Corporation To Make Commuters Comfortable: High Court Upholds Interim Direction To Construct Temporary Waiting Shed At Ro-Ro Jetty

The Kerala High Court recently dismissed a writ appeal challenging a single judge's interim order directing construction of a temporary waiting shed at the Roll-on Roll-of (Ro-Ro) Jetty at Fort Kochi.For context, the single judge had in its June 2 interim order directed the Kochi Municipal Corporation erect a temporary waiting shed at the Fort Kochi Ro-Ro Jetty, to accommodate at least 50 commuters at a given time, at their expenses, within one week from the date of the order.Rejecting the arguments put forth by the Corporation, a division bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M., observed that commuters are entitled to wait for the ferry service in reasonable comfort and without being exposed to the harsh weather and that the Corporation is duty-bound to provide such elementary services to paying commuters.It observed:“It is noted that the learned Single Judge had noted that hundreds of citizens use the service daily from the Ro-Ro Jetty at Fort Kochi. In boat jetties operated by statutory authorities, the general public is usually provided the basic amenities, infrastructure, including waiting sheds/roads. It is the duty of the Municipal Corporation, which runs the Ro-Ro jetty, to provide the very elementary requirements to the commuters who pay for the services, to wait for the ferry service in reasonable comfort and without being exposed to the harsh weather and vagaries of nature. The learned Judge had rendered the interim relief, taking note of the suffering faced by the commuters, and the legal obligation of the Municipal Corporation. The commuters who pay for the services are entitled to commensurate facilities...The learned Judge has correctly concluded that the appellant Municipal Corporation cannot shirk away its statutory responsibility by not constructing a temporary waiting shed at Fort Kochi Ro - Ro jetty to accommodate at least 50 commuters. No legally sustainable contention has been put forth to challenge the same".Thus, the Division Bench dismissed the Corporation's appeal.Against this the Corporation moved the division bench in appeal stating that the construction of the shed within a specified period is illegal and unsustainable. The Corporation pleaded that construction of a shed imposes a monetary burden on the, and such construction cannot be carried out without getting approval from various statutory authorities.The Corporation also submitted that there was a practical difficulty in carrying out the construction due to the slanting mode of the Ro-Ro jetty. It was also contended that since providing amenities and infrastructure to the public is a policy decision of the Corporation Council, it would require permissions of the Corporation Council and the Finance Standing Committee.The Writ Petition is currently pending before the Single Bench. The reliefs prayed for in the writ petition includes a direction for the construction of a roof structure and a shelter/waiting room at the Fort Kochi Ro-Ro jetty, for restart of operation of passenger boat service from Fort Kochi Ro-Ro Jetty in Fort Kochi-Vypin route, and for commencement of the operation of the Fort Kochi Water Metro Service in Fort Kochi -Vypin route.Case No: WA 1462/2025 against Interim Order in WP(C) 21311/2024Case Title: Kochi Municipal Corporation and Ors. v. Nancy Xavier and Ors.Citation: 2025 LiveLaw (Ker) 431Counsel for the appellants: D.G. VipinCounsel for the respondents: Leo Lukose - R1, Vipin P.Varghese - R2Click To Read/Download Judgment In WA 1462/2025Click To Read/Download Order In WP(C) 21311/2024

Duty Of Kochi Corporation To Make Commuters Comfortable: High Court Upholds Interim Direction To Construct Temporary Waiting Shed At Ro-Ro Jetty

K. Salma Jennath

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