S.Palsamy, S/O.Seeni Thevar, v. The Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.1580 of 2019 S.Palsamy ... Petitioner -vs1. The Union of India, Represented by General Manager, Southern Railway, Park Town, Chennai - 600 003.

2. The Deputy Chief Engineer, Broad Gauge Conversion, (Madurai-Usilampatti-Bodi), Southern Railways, Madurai.

3. The District Collector Madurai District, Madurai.

4. The Special Officer, Valandur Village Panchayat, Chellampatti Panchayat Union, Madurai District.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 and 2 to provide/construct subway in Madurai - Usilampatti - Theni - Bodi Broad Gauge Railway Line at LC No.27/150/200 by accessing the public to reach between Sakkiliyankulam, Vinnakudi, Veerapandi, Pandian Nagar, Kalkondampatti, Andipatti Villages.

For Petitioner : Mr.R.Boopathi for S.P.Naveen Kumar For R1 & R2 : Mr.K.K.Laxman For R3 : Mr.P.Thilak Kumar Government Pleader For R4 : No Appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents 1 and 2 to provide/construct subway in Madurai - Usilampatti - Theni - Bodi Broad Gauge Railway Line at LC No.27/150/200 by accessing the public to reach between Sakkiliyankulam, Vinnakudi, Veerapandi, Pandian Nagar, Kalkondampatti, Andipatti Villages. 2/5

2. The construction of a subway is an administrative decision to be taken by the competent authorities by making assessment and movement of traffic in the particular locality. The court cannot function as an expert body so as to issue directions to construct the subway in the particular locality as it sought in the writ petition. However, if any necessity arises the authorities may look into the grievances and take necessary action. Therefore, a direction as such sought for in the writ petition cannot be granted. Consequently, the writ petition stands disposed of. (S.M.S., J.) (A.D.M.C., J.) 24.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/5

To

1. The Union of India, Represented by General Manager, Southern Railway, Park Town, Chennai - 600 003.

2. The Deputy Chief Engineer, Broad Gauge Conversion, (Madurai-Usilampatti-Bodi), Southern Railways, Madurai.

3. The District Collector Madurai District, Madurai.

4. The Special Officer, Valandur Village Panchayat, Chellampatti Panchayat Union, Madurai District.

4/5

S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm W.P(MD).No.1580 of 2019 24.06.2025 5/5