R.Kutralanathan, v. State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD) No.10546 of 2019 and W.M.P.(MD) Nos.8078, 8079 & 8080 of 2019 R.Kutralanathan ... Petitioner -vs1.State of Tamil Nadu represented by The Secretary to Government High Ways Department Secretariat, Fort St.George Chennai 2.The Land Acquisition Officer and District Collector, Tuticorin (Construction of Railway Over Bridge (ROB) in lieu of Level crossing (LC) 486 at Railway KM 652/700-800 Project At Ward No.3 of Tuticorin Town) Collectorate, Korampallam Tuticorin 3.The Public Information Officer Personal Assistant to District Collector (Land) Tuticorin District Collectorate, Korampallam Tuticorin 4.The Superintending Engineer Highways (Projects) State Highways Circle Office Madurai 5.The Divisional Engineer Highways (Projects) State High ways Divisional Office Tirunelveli 6.The Assistant Divisional Engineer Highways (Projects) State High ways Sub Divisional Office Thoothukudi
7.The Divisional Manager Southern Railways Madurai Divisional Office Madurai 8.The Area Manager Southern Railways Tuticorin 9.The Commissioner and Special Officer Tuticorin Municipal Corporation Tuticorin Municipal Corporation Office Tuticorin ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the entire records relating to the impugned Notification No.Na.Ka.E/2/133272016 dated 13.02.2019 on the file of 2nd respondent and consequently quash the same to forbear the official respondents from acquiring the land mentioned in notification at Tuticorin Town, Tuticorin Taluka and Tuticorin District.
For Petitioner :
Mr.S.Muthalraj For Respondents :
Mr.R.Murugan Additional Government Pleader for R1 to R6 & R9
O R D E R
[Order of the Court was made by B.PUGALENDHI, J.] The petitioner has filed this writ petition in the nature of a public interest litigation challenging the notification dated 13.02.2019, by which, the respondents are proposing to construct a railway over bridge in Thoothukudi Town.
2. Mr.S.Muthalraj, learned counsel for the petitioner, contended that if railway over bridge is constructed in Thoothukudi Town, it will cause lot of prejudice to the public interest as it will obstruct the free passage to four temples in and around that area. He further contended that the construction of over bridge is intended to the benefit of some politicians and not the public. He further contended that Milavittan Railway Station, which is located nearby, may be shifted to another place in the future, on account of which, the over bridge will loose its relevance.
3. In our considered opinion, railway over bridge is essential in order to protect the lives of common man from railway accidents. Under such circumstances, we do not find any merit in
this public interest litigation and accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS) krk To:
1.The Secretary to Government, Highways Department, Secretariat, Fort St.George, Chennai 2.The Land Acquisition Officer and District Collector, Tuticorin, (Construction of Railway Over Bridge (ROB) in lieu of Level crossing (LC), 486 at Railway KM 652/700-800 Project, At Ward No.3 of Tuticorin Town), Collectorate, Korampallam, Tuticorin.
3.The Public Information Officer, Personal Assistant to District Collector (Land), Tuticorin District, Collectorate, Korampallam, Tuticorin.
4.The Superintending Engineer, Highways (Projects), State Highways Circle Office, Madurai.
5.The Divisional Engineer, Highways (Projects), State High ways Divisional Office, Tirunelveli.
6.The Assistant Divisional Engineer, Highways (Projects), State High ways Sub Divisional Office, Thoothukudi.
7.The Divisional Manager, Southern Railways, Madurai Divisional Office, Madurai.
8.The Area Manager, Southern Railways, Tuticorin.
9.The Commissioner and Special Officer, Tuticorin Municipal Corporation, Tuticorin Municipal Corporation Office, Tuticorin.
+1 CC to M/s.MUTHALRAJ, Advocate ( SR-63527[F] dated 27/04/2019 ) +1 CC to M/s.GP ( SR-63730[F] dated 29/04/2019 ) W.P.(MD) No.10546 of 2019 and W.M.P.(MD) Nos.8078, 8079 & 8080 of 27.04.2019 ES/15.05.2019/4P/12C