Dharamaraj v. Union Of India, Rep. By The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN Dharamaraj ... Petitioner Vs.

1.Union of India Represented by the Principal Secretary, Indian Railway Department, No.256 A Rail Bhavan, Raisina Road, New Delhi - 110 001.

2.The Southern Railway Represented by the Managing Director, Southern Railway, Chennai - 600 003.

3.Neera Travelling Ticket Examiner, Southern Railway, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to provide compensation to the petitioner by considering the petitioner's representation dated 09.04.2018 within the time stipulated by this Court.

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For Petitioner : Mr.B.Dhanasekaran For R1 & R2 : Mr.K.Govindarajan Deputy Solicitor General of India

O R D E R

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the first and second respondents to provide compensation to the petitioner by considering the petitioner's representation dated 09.04.2018 within a time stipulated by this Court.

2. The allegation is that the third respondent who was the Travelling Ticket Examiner abused the petitioner and his wife for no fault of theirs as the tickets which were taken on 23.03.2018 for travelling in Vaigai Express Train between Madurai and Trichy gives the date of the travellers as 24.06.2018 instead of 24.03.2018 and that they were unceremoniously disembarked at Dindigul and later abused by the third respondent. It is submitted that the petitioner had sent a representation dated 09.04.2018 to the first and second respondents to take suitable actions against the third respondent. Despite the same, no action had been taken so far.

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3. The learned Deputy Solicitor General of India appearing for the first and second respondents submits that there are disputed questions of fact. In any event, it is submitted that the petitioner's representation will be considered and disposed of on merits.

4. Having considered the submissions made by the learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing for the first and second respondents, this Court is of the view that there shall be a positive direction to the first and second respondents to consider the petitioner's representation dated 09.04.2018 and pass orders on merits, within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition stands disposed of with the above direction. No costs.

04.04.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

Copy To:

1.The Principal Secretary, Indian Railway Department, Union of India, No.256 A Rail Bhavan, Raisina Road, New Delhi - 110 001.

2.The Managing Director, The Southern Railway, Chennai - 600 003.

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C.SARAVANAN , J.

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