Kerala High Court
Madhavan.T.N vs Southern Railway on 23 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2324 OF 2024
PETITIONERS:
1 MADHAVAN.T.N., AGED 88 YEARS, S/O.NAVUNNI,
RESIDING AT HOUSE NO.8/215, THANIKKAL HOUSE,
KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT,
PIN - 678651
2 VIJAYAGOPALAN.T.R, AGED 61 YEARS, S/O.RAMAKRISHNAN,
RESIDING AT HOUSE NO.8/213, THANIKKAL HOUSE,
KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT,
PIN - 678651
3 ARAVINDAKSHAN.T.R., AGED 55 YEARS, S/O.RAMAKRISHNAN,
RESIDING AT HOUSE NO.8/355A, THANIKKAL HOUSE,
KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT,
PIN - 678651
4 RAJALAKSHMI.T.R., AGED 53 YEARS, D/O.RAMAKRISHNAN,
RESIDING AT HOUSE NO.8/355A, THANIKKAL HOUSE,
KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT,
PIN - 678651
BY ADVS.
T.K.SANDEEP
SWETHA R.
RESPONDENTS:
1 SOUTHERN RAILWAY, THE DIVISIONAL RAILWAY MANAGER,
DIVISIONAL RAILWAY MANAGERS OFFICE WORKS BRANCH,
SOUTHERN RAILWAY, PALAKKAD, PIN - 678002
2 KERALA PUBLIC WORKS DEPARTMENT
REPRESENTED BY ITS SECRETARY, PUBLIC OFFICE COMPLEX,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695003
BY ADVS
SRI.V.GIRISHKUMAR, CGC - FOR R1
SRI.P.S.APPU - GP - FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 2324/24
2
JUDGMENT
The petitioners allege that, on account of certain barricades
that have been installed by the Southern Railway - so as to
incapacitate access to a live railway line - entry to their houses have
been fully obstructed.
2. Sri.T.K.Sandeep - learned counsel for the petitioners,
explained that, though his clients have no intention, nor they require
permission, to cross the railway line, since the barricades have been
placed several meters from it towards the road, the entry to his
clients' residences has been obstructed. He submitted that, they
have, therefore, preferred Ext.P4 representation before the 1st
respondent - Southern Railway, seeking that the barricades be
shifted nearer to the railway line, so that they can enter their houses
without any impediment. He thus prayed that Ext.P4 be directed to
be taken up and disposed of by the competent Authority without any
avoidable delay.
3. Sri.V.Girish Kumar - learned Central Government Counsel,
in response, submitted that, if the petitioners only require Ext.P4
representation to be taken up and disposed of in terms of law, there
does not appear to be any legal impediment in doing so; but prayed
that this Court may not make any affirmative declarations on their
entitlement to any relief and leave it to the competent Authority to
take a final decision as per law. He further prayed that, since there
would arise questions of safety, his client may be allowed to take
the most apposite decision on Ext.P4, particularly adverting to the
fact that trains constantly pass through the track.
4. No doubt, this Court cannot direct the 1 st respondent to
act in a particular manner; but if, what the petitioners say as afore
is true, then certainly, it is a matter that they must consider in
terms of law and with the empathy which the petitioners deserve,
however, within the parameters of law.
In the afore circumstances, I allow this Writ Petition, to the
limited extent of directing the competent Authority of the 1st
respondent - Southern Railway, to take up Ext.P4 representation of
the petitioners and to dispose of the same, after affording them an
opportunity of being heard; thus culminating in an appropriate order
and necessary action thereon, as expeditiously as is possible, but not
later than two weeks from the date of receipt of a copy of this
judgment.
I, however, clarify that the directions or observations in the
judgment shall not be construed by anyone to mean that any
permission to cross the railway line has been granted; and this shall
be kept in mind by the 1st respondent with all seriousness it
warrants.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 2324/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LOCATION SKETCH SHOWING THE
INSTALLATION OF BARRICADES AND THE ROAD
MAP
Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
BARRICADES
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED TO ONE
OF THE RESIDENTS OF THE LOCALITY BY THE
DISTRICT HOSPITAL, PALAKKAD DATED
17/01/2023
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
19.05.2023 SEND BY THE PETITIONERS ALONG
WITH OTHER RESIDENCE OF THE LOCALITY TO
THE RDM
