← Library
Madras High CourtWP/11681/2017closed

S.Ilamuhil v. The Chief Secretary

2017-05-06Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2017

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE V.PARTHIBAN Writ Petition No.11681 of 2017 S.Ilamuhil .. Petitioner /versus/ 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

2.The Managing Director, Chennai Metro Rail Limited, Admin Building, CMRL Depot, Poonamalee High Road, Koyambedu, Chennai 600 107.

.. Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to immediately give approval to commence the Metro Train Service between Thirumangalam, Chennai to Nehru Park, Chennai and commence the Chennai Metro Rail Service for the Stretch of 7.63 Kms between Thirumangalam, Chennai to Nehru Park, Chennai for public utility.

For Petitioner :Mr.N.Senthil Kumar For Respondents :Mr.R.Vijayakumar, AGP for R1 Mr.Jayesh B.Dolia for R2 ------

ORDER

( Order of the Court was made by N.KIRUBAKARAN, J.) The petitioner, who is a practising Advocate has filed this Writ Petition seeking Writ of Mandamus directing the first respondent to immediately give approval to commence the Metro Train Service between Thriumangalam,Chennai to Nehru Park, Chennai and consequently, give a specific direction to commence the Chennai Metro Rail Service for the Stretch of 7.63 Kms between Thirumangalam, Chennai to Nehru Park, Chennai for public utility.

2. Mr.N.Senthil Kumar, learned counsel appearing for the petitioner would submit that even though the work was already completed and for political reasons, the inauguration function is being postponed.

3. Mr.Jayesh B.Dolia, learned counsel appearing for the second respondent would submit that safety assessment is being done for running the Metro Train and various assessment being made by Metro Train have been given in detail in the communication of the Ministry of Civilaviation, dated 14.04.2017 filed by the learned counsel appearing for the 2nd respondent and it would take another one month time to check the operation of safety system of metro train and for various other checks and subject to certain conditions, which have been stated in para 1.0 of the authorisation letter dated 14.04.2017 given by Ministry of Civilaviation, the Metro Train service would be operated after one month.

4. Taking note of the above submission and also taking note of the safety and security approach, it is appropriate to close the writ petition. By recording the undertaking given by the learned counsel appearing for the 2nd respondent that the Metro Train service between Thirumangalam, Chennai to Nehru Park, Chennai would be operated within one month from the date of receipt of a copy of this order.

5. With the above observation, the writ petition is closed. No costs. [N.K.K.J] [V.P.N.J] 06.05.2017 ari/rm To 1.The Chief Secretary,Government of Tamil Nadu, Secretariat, Fort St.George,Chennai 600 009.

2.The Managing Director,Chennai Metro Rail Limited, Admin Building,CMRL Depot,Poonamalee High Road,Koyambedu, Chennai 600 107.

N.KIRUBAKARAN. J., and V.PARTHIBAN. J., ari/rm Writ Petition No.11681 of 2017 06.05.2017