Muhammedubaise K vs Union Of India
2022 Latest Caselaw 2642 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 5979 OF 2022
PETITIONERS:

    1     MUHAMMEDUBAISE K
          S/O MUHAMMED BAVA, KEZHADATHIL, K.PURAM P.O., TANALUR,
          MALAPPURAM DISTRICT, KERALA-676 307
    2     NOUSHAD C,
          S/O MUHAMMED C, CHELAD, NARIYARAKKUNNU, IRINGAVUR,
          CHERIYAMUNDAM, MALAAPPURAM , KERALA-676 106.
          BY ADVS.
          P.P.RAVOOF
          P.T.SHEEJISH
          P.K.PURUSH
          PARVATHY S.KRISHNAN
          STEPHY GRACE RAJ
          A.ABDUL RAHMAN (A-1917)
          PRAVEENKUMAR P.
          AKHILA SRIDHARAN


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
          RAILWAYS, RAIL BHAWAN, RAFI MARG,
          NEW DELHI, PIN-110 001
    2     SOUTHERN RAILWAY,
          REPRESENTED BY ITS GENERAL MANAGER, SOUTHERN RAILWAY
          HEADQUARTERS, PARK TOWN CHENNAI-600 003.
    3     CHIEF ADMINISTRATIVE OFFICER,(CONSTRUCTION)
          OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, SOUTHERN
          RAILWAY, 63/3102, KARSHAKA RD, ERNAKULAM SOUTH, KOCHI,
          KERALA, PIN-682 016
    4     SENIOR DIVISION ENGINEER (COORDINATION)
          PALAKKAD RAILWAY DIVISION, RAILWAY DIVISION OFFICE,
          KOZHIKODE, PALAKKAD HWY, KALLEKKULANGARA, OLAVAKODE,
 WP(C) NO. 5979 OF 2022
                                   2

               PALAKKAD, KERALA, PIN-678 002.
    5          SENIOR DIVISIONAL ENGINEER (EAST),
               PALAKKAD RAILWAY DIVISION , RAILWAY DIVISIONAL
               OFFICE, KOZHIKODE, PALAKKAD HWY,
               KALLEKKULANGARA, OLAVAKODE, PALAKKAD,
               KERALA, PIN-678 002
    6          SENIOR DIVISIONAL ENGINEER (BRIDGES),
               PALAKKAD RAILWAY DIVISION, RAILWAY DIVISIONAL
               OFFICE, KOZHIKODE PALAKKAD HWY,
               KALLEKKULANGARA, OLAVAKODE, PALAKKAD,
               KERALA, PIN-678 002.
    7          SENIOR SECTION ENGINEER (PERMANENT WAY)
               SOUTHERN RAILWAY,
               TIRUR, TIRUR-KADALUNI ROAD, CHEMBRA, TIRUR,
               MALAPPURAM, KERALA, PIN-676 101
               SRI.S.MANU, ASGI

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   11.03.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5979 OF 2022
                                 3



                 P.V.KUNHIKRISHNAN, J
               -------------------------------
                W.P.(C)No. 5979 of 2022
              --------------------------------
          Dated this the 11th day of March, 2022

                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 3 to 7 to immediately consider the representations of the petitioners, and to initiate steps to build a over walk way bridge or a wicket gate, or under pass nearby Tanalur Town or appropriate place, with the construction of proposed compound wall within a time frame fixed by this Hon'ble Court.

(ii) Issue a writ of mandamus other appropriate order or direction directing the respondent authorities to give a proper chance of hearing to petitioners.

(iii) Grant any other relief, which this Hon'ble court deems fit to grant considering the facts and circumstances arising in this case."[SIC]

2. The grievance of the petitioners is that the

Railway authorities are constructing a long compound

wall along the side of the railway track from Valiyapadam

to Company Padi, between Tirur and Tanur Railway WP(C) NO. 5979 OF 2022

Stations in Malappuram District. It is the case of the

petitioners that around 40,000 people are living near the

area in which the proposed compound wall is about to be

constructed and all the essential amenities including

Hospitals, Schools, Government offices and Town

Centers etc. are situated on the opposite side from the

residential area in which these people are living and the

rail track passes through the middle of these two areas.

If the present construction is carried out without building

a walk way bridge or a wicket gate, or under pass in

between the compound wall, it will cause huge

inconvenience and burden to the residents living in the

said locality especially to the students community.

Hence this writ petition is filed.

3. Heard the learned counsel appearing for the

petitioners and the learned ASGI appearing for the

respondents.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. On the other hand the

learned ASGI submitted that it is an accident prone area WP(C) NO. 5979 OF 2022

and the Railway decided to construct protective walls in

those area. That is why the compound wall is

constructed. The learned ASGI also takes me through

Ext.P1 also.

5. This Court considered the contentions of the

petitioners and the respondents. The reason for

constructing the compound wall is stated in Ext.P1. It

will be better to extract the same:

"Due to increase number of human Run over cases, train accidents in the above location during trespassing through Railway track, it is decided to construct a compound wall in Railway land from km.627/200-628/700 as per instructions from higher officials of Palakkad Division from 09.02.2022 onwards for protecting valuable public life.

This is for kind information and necessary actions please."

6. When the Railway is taking steps to avoid

accidents, this Court can not say that the construction of

wall is illegal. But the matter is to be looked in to in

another angle also. From the averments in the writ

petition, it is clear that there is some inconvenience to

the general public because of this construction. That WP(C) NO. 5979 OF 2022

aspect is to be considered by the Railway by taking

appropriate measures, if possible. The counsel for the

petitioners submitted that the petitioners submitted

Ext.P3 representation before the 3rd respondent. If that

is the case, there can be a direction to the authority

concerned to consider Ext.P3 forthwith.

Therefore, this writ petition is disposed of in the

following manner:

i. The 3rd respondent is directed to consider Ext.P3 and

pass appropriate orders in it, as expeditiously as

possible, at any rate, within a period of two weeks from

the date of receipt of a copy of this judgment.

ii. The 3rd respondent will give an opportunity of hearing

to the petitioners before passing final orders.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO. 5979 OF 2022

APPENDIX OF WP(C) 5979/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION DATED 9.2.2022 ISSUED BY THE 7TH RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 17.2.2022 SUBMITTED BY THE PETITIONERS BEFORE THE GENERAL MANAGER, PALAKKAD RAILWAY DIVISION EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 17.2.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE