Madurai Farooq Ahmed v. The Southern Railways
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Madurai Farooq Ahmed .. Petitioner Vs 1.The Southern Railways, rep. by its General Manager, First Floor, NGO Main Buildings, Park Town, Chennai-600 003.
2.The Divisional Engineer (H), Project Division, No.18, 5th West Highways, Gandhi Nagar, Vellore-632 006.
3.The District Collector, Vellore District, Sathuvachari, Vellore - 632 009.
4.The Municipal Commissioner, Vaniyambadi.
5.The Executive Engineer, WRO/PWD, Upper Palar Basin Division, Gandhi Nagar, Vellore.
.. Respondents (Respondents 4 and 5 suo motu impleaded as per the order dt. 23.10.2018) Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to commence the construction of road under bridge at New Town Level Crossing Vaniyambadi immediately on war foot level and in event of any prolonged delay which may occur either by administrative or technical reasons direct the respondents to reopen the New Town Level Crossing 81 temporarily and keep open for usage of general public as an interim relief till the exact date of commencement of road under bridge construction work. For the Petitioner : Mr.B.Ramprasath For the Respondents : Mr.P.T.Ramkumar for respondent No.1 : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 2, 3 and 5 : Mr.S.Ravichandran for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.B.Ramprasath, learned counsel for the petitioner; Mr.P.T.Ramkumar, learned counsel for the first respondent; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 2, 3 and 5 and, Mr.S.Ravichandran, learned counsel for the fourth respondent.
2. The writ petition was filed seeking a direction to commence the construction of road under bridge at New Town Level Crossing No.81 temporarily.
3. It is submitted that the said Town Level Crossing No.81 has been opened on 29.11.2018.
4. The same petitioner has filed another writ petition bearing
W.P.No.17045 of 2023. In that matter also, prayer is made that the respondents shall make an intensive research before the commencement of the construction of the bridge.
5. As in the subsequent writ petition similar prayer is pending, the present writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 18.07.2023 Index :
Yes/No :
Yes/No bbr
To 1.The General Manager, Southern Railways, First Floor, NGO Main Buildings, Park Town, Chennai-600 003.
2.The Divisional Engineer (H), Project Division, No.18, 5th West Highways, Gandhi Nagar, Vellore-632 006.
3.The District Collector, Vellore District, Sathuvachari, Vellore - 632 009.
4.The Municipal Commissioner, Vaniyambadi.
5.The Executive Engineer, WRO/PWD, Upper Palar Basin Division, Gandhi Nagar, Vellore.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 18.07.2023