S.Issac Rajan v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16154 of 2017 and W.M.P.(MD)No.12828 of 2017 S.Issac Rajan ... Petitioner Vs.

1. The Principal Secretary to Union of India, Ministry of Railway, Indian Railways, New Delhi.

2. The Divisional Manager, Southern Railways, Trichy.

3. The Divisional Manager, South Railways, Madurai.

4.The Senior Divisional Engineer, Co-ordination office of the Divisional Manager (North), Southern Railways,Madurai.

5. The General Manager, South Railways, Trichy.

6. The District Collector, Pudukkottai.

7. The Revenue Divisional Officer, Iluppur, Pudukkottai District.

8. The Tahsildar, Kulathur @ Keeranur, Keeranur Post, Pudukkottai District.

9. The Block Development Officer, Office of the Panchayat Union, Kundrandarkovil Post, Pudukkottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 2 to 5 to put up over bridge instead of under bridge across LC.No.353 at Pallathupatti Village, Kulathur Taluk, Pudukkottai District.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents 2 to 5 : Mr.S.Monoharan For Respondents 6 to 9 : Mr.T.S.Md.Mohideen Additional Government Pleader

O R D E R

[Order of the Court was made byG.R.SWAMINATHAN, J.] The writ petitioner has filed this petition in Public interest. The Railway authorities are proposing to construct the under bridge across LC.No.353 at Pallathupatti Village, Kulathur Taluk, Pudukkottai District. According to the writ petitioner, the same is against the welfare of the local villagers. He contends that if there is any under bridge, the vehicles carrying agricultural implements will not be able to pass through. Therefore, he wants an over bridge to be put up. 2.The grievance expressed by the writ petitioner appears to be genuine. But Courts are not experts in such matters. It is for the appropriate authorities to look into all the relevant aspects and take a decision. The writ petitioner has already moved the Railway authorities.

3.We direct the fourth respondent to consider the respresentation submitted by the writ petitioner and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 4.This writ petition is disposed of with the above direction. No costs. Consequently, connected W.M.P.(MD)No.12828 of 2017 is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To:

1. The District Collector, Pudukkottai.

2. The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3. The Tahsildar, Kulathur @ Keeranur, Keeranur Post, Pudukkottai District.

4.The Block Development Officer, Office of the Panchayat Union, Kundrandarkovil Post, Pudukkottai District.

+ 1 cc TO Mr.P.Ganapathi Subramanian , Advocate in SR No. 78267 + 1 cc TO Mr.S.Monohar, Advocate in SR No. 78587 +1cc to The Special Government Pleader in SR.No.78793 vsg/mm AE/GT/SAR2/06.11.2017/3P/8C W.P(MD)No.16154 of 2017 and W.M.P.(MD)No.12828 of 2017 12.09.2017