The Madras High Court had observed that because of the surge in COVID cases, it will be left on the railway authorities to what extent the railway would be reopened for travel.
“The Court will refrain from adding to the confusion or the problems faced by the increasing number of Covid cases in the country to recklessly direct regular train services to be resumed, whether on the longer sectors or in respect of the suburban services.”
The above observation was made by the Division Bench of Madras High Court, comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while dealing with the Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent Nos.1 and 3 to resume all Regular Passenger Trains and Sub Urban Trains throughout Tamil Nadu for all passengers.
Factual background
A Writ Petition was filed by the petitioner named B. Ramkumar Adityan before the Hon’ble Court for seeking the order of the Court to resume all the Trains services with full efficiency as before the COVID 19.
Court Reasoning & Judgment
The Court was of the view that the covid cases were increasing on a regular basis. It will be difficult to order the Railway board to resume all the services as it will lead to confusion as social distancing will not be possible if local trains started running.
“Distancing protocol may not be possible to be maintained once suburban railways and passenger trains are resumed all over and the crowding at the railway stations cannot be avoided, no immediate direction need to be given.”
The Court also made a example of its own physical hearing as:
“in view of the increasing number of positive cases, the full re-opening of the Court that had been planned has been rolled back and physical hearings are not yet conducted in Court except in respect of urgent matters.”
In furtherance to the above observation the Court held that:
“it is for the railway authorities to obtain expert advice before deciding how and to what extent the railways would be re-opened for travel. Courts do not have the requisite expertise to decide on such matters, though the Courts can go into the general conduct whether the same is reasonable or arbitrary.”
However the Court also added that:
“Once the vaccination reaches near completion and the number of positive cases show the previous downward trend that continued till the beginning of this month, the petitioner may renew the prayer.”
The Bench dismissed the petition and no order as to the cost.
Case Details
Case: W.P.No.6756 of 2021
Petitioner: B.Ramkumar Adityan
Respondent: The Chairman, Railway Board & Ors
Counsel for the Petitioner: Mr.S.Sankar
Counsel for the Respondent: Mr. P. T. Ramkumar, Mr. G. K. Muthukumar
Quorum: CHIEF JUSTICE SANJIB BANERJEE & JUSTICE SENTHILKUMAR RAMAMOORTHY
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