Arulmigu Meenakshi v. The Divisional Railway Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 8634 of 2017 Arulmigu Meenakshi Sundareswarar Baktha Saba, Represented by, The Secretary Mr.K.Sivayegnesh, Ravanasamudram, Tirunelveli District - 627 424.

.. Petitioner Vs.

1.The Divisional Railway Manager, Southern Railway, Madurai.

2.The Tahsildhar, Ambasamudram Taluk, Tirunelveli District.

3.Executive Officer, Arulmigu Sokkalinga Swamy Temple, Ravanasamudram, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pass an order to keep open the level crossing numbers 69 and 70 on the Tirunelveli to Senkottai Railway line at Ravanasamudram Village during the festival occasions of Arulmigu Sokkalinga Swamy Temple also known as Meenakshi Sundareswarar Temple at Ravanasamudram Village, Ambasamuthiram Taluk, Tirunelveli District by considering the petitioner's representation dated 27.03.2017. For petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondent No.2 : Mr.M.Govindan Special Government Pleader For Respondent No. 3 : Mr.S.Chellapandian https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] This Writ Petitioner seeks a direction for keeping level crossing Nos.69 and 70 on the Tirunelveli to Senkottai Railway line at Ravanasamudram Village open, during the festival occasions of Arulmigu Sokkalinga Swamy Temple.

He had given a representation on 27.03.2017 to the Railways Authorities. Since the said representation was not disposed of, the present writ petition has been filed.

2. This Court cannot grant the relief sought for in this Writ Petition. The closing of the railway gate level-crossing or opening of the same will depend on the movement of the trains. It has already been held that this Court cannot issue any Mandamus with regard to the Railway timings. Therefore, in the very nature of things, the relief sought for in this writ petition cannot be granted. The matter falls within the exclusive discretion of the Railways.

3. In the result, this Writ Petition stands dismissed. No Costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:

1.The Divisional Railway Manager, Southern Railway, Madurai.

2.The Tahsildhar, Ambasamudram Taluk, Tirunelveli District.

3.The Executive Officer, Arulmigu Sokkalinga Swamy Temple, Ravanasamudram, Tirunelveli District.

+One cc to The Special Government Pleader, SR.No.71486 +One c to Mr.M.Karthikeya Venkatachalapathy,Advocate,SR.No.71838 rmk/das RL/6C/2P/SKN/RSK/SAR1/30/8/2017 ORDER MADE IN W.P.(MD)No. 8634 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 07.08.2017