Disposed

Muhammedubaise K v. Union of India

Kerala HC11 Mar 2022WP(C)/5979/2022

Case brief

AI extract

What is this about?

This writ petition challenged the construction of a railway compound wall causing public inconvenience. The court directed the respondent to consider the petitioners' representation within two weeks and provide a hearing opportunity before final orders.

What did the court decide?

The 3rd respondent directed to consider Ext.P3 representation within two weeks and grant an opportunity of hearing before passing final orders.

Muhammedubaise K Vs Union of India — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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FRIDAY, THE 11^TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943

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WP(C) NO. 5979 OF 2022

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PETITIONERS:

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1 MUHAMMEDUBAISE K S/O MUHAMMED BAVA, KEZHADATHIL, K.PURAM P.O., TANALUR, MALAPPURAM DISTRICT, KERALA-676 307

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2 NOUSHAD C, S/O MUHAMMED C, CHELAD, NARIYARAKKUNNU, IRINGAVUR, CHERIYAMUNDAM, MALAAPPURAM , KERALA-676 106. BY ADVS. P.P.RAVOOF P.T.SHEEJISH P.K.PURUSH PARVATHY S.KRISHNAN STEPHY GRACE RAJ A.ABDUL RAHMAN (A-1917) PRAVEENKUMAR P. AKHILA SRIDHARAN

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAWAN, RAFI MARG, NEW DELHI, PIN-110 001

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2 SOUTHERN RAILWAY, REPRESENTED BY ITS GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS, PARK TOWN CHENNAI-600 003. 3 CHIEF ADMINISTRATIVE OFFICER,(CONSTRUCTION) OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY, 63/3102, KARSHAKA RD, ERNAKULAM SOUTH, KOCHI, KERALA, PIN-682 016 4 SENIOR DIVISION ENGINEER (COORDINATION) PALAKKAD RAILWAY DIVISION, RAILWAY DIVISION OFFICE, KOZHIKODE, PALAKKAD HWY, KALLEKKULANGARA, OLAVAKODE,

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WP(C) NO. 5979 OF 2022

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PALAKKAD, KERALA, PIN-678 002. 5 SENIOR DIVISIONAL ENGINEER (EAST), PALAKKAD RAILWAY DIVISION , RAILWAY DIVISIONAL OFFICE, KOZHIKODE, PALAKKAD HWY, KALLEKKULANGARA, OLAVAKODE, PALAKKAD, KERALA, PIN-678 002 6 SENIOR DIVISIONAL ENGINEER (BRIDGES), PALAKKAD RAILWAY DIVISION, RAILWAY DIVISIONAL OFFICE, KOZHIKODE PALAKKAD HWY, KALLEKKULANGARA, OLAVAKODE, PALAKKAD, KERALA, PIN-678 002. 7 SENIOR SECTION ENGINEER (PERMANENT WAY) SOUTHERN RAILWAY, TIRUR, TIRUR-KADALUNI ROAD, CHEMBRA, TIRUR, MALAPPURAM, KERALA, PIN-676 101 SRI.S.MANU, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5979 OF 2022

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P.V.KUNHIKRISHNAN, J

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-------------------------------

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W.P.(C)No. 5979 of 2022

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--------------------------------

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Dated this the 11^th day of March, 2022

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“(i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 3 to 7 to immediately consider the representations of the petitioners, and to initiate steps to build a over walk way bridge or a wicket gate, or under pass nearby Tanalur Town or appropriate place, with the construction of proposed compound wall within a time frame fixed by this Hon'ble Court.

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(ii) Issue a writ of mandamus other appropriate order or direction directing the respondent authorities to give a proper chance of hearing to petitioners.

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(iii) Grant any other relief, which this Hon'ble court deems fit to grant considering the facts and circumstances arising in this case.”[SIC]

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The grievance of the petitioners is that the

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Railway authorities are constructing a long compound wall along the side of the railway track from Valiyapadam

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to Company Padi, between Tirur and Tanur Railway

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WP(C) NO. 5979 OF 2022

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Stations in Malappuram District. It is the case of the petitioners that around 40,000 people are living near the area in which the proposed compound wall is about to be constructed and all the essential amenities including Hospitals, Schools, Government offices and Town Centers etc. are situated on the opposite side from the residential area in which these people are living and the rail track passes through the middle of these two areas. If the present construction is carried out without building a walk way bridge or a wicket gate, or under pass in between the compound wall, it will cause huge inconvenience and burden to the residents living in the said locality especially to the students community. Hence this writ petition is filed.

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Heard the learned counsel appearing for the petitioners and the learned ASGI appearing for the respondents.

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The counsel for the petitioner reiterated his contentions in the writ petition. On the other hand the learned ASGI submitted that it is an accident prone area

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WP(C) NO. 5979 OF 2022 5

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and the Railway decided to construct protective walls in those area. That is why the compound wall is constructed. The learned ASGI also takes me through Ext.P1 also.

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This Court considered the contentions of the petitioners and the respondents. The reason for constructing the compound wall is stated in Ext.P1. It will be better to extract the same:

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“Due to increase number of human Run over cases, train accidents in the above location during trespassing through Railway track, it is decided to construct a compound wall in Railway land from km.627/200-628/700 as per instructions from higher officials of Palakkad Division from 09.02.2022 onwards for protecting valuable public life.

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This is for kind information and necessary actions please.”

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When the Railway is taking steps to avoid accidents, this Court can not say that the construction of wall is illegal. But the matter is to be looked in to in another angle also. From the averments in the writ petition, it is clear that there is some inconvenience to the general public because of this construction. That

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WP(C) NO. 5979 OF 2022

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aspect is to be considered by the Railway by taking appropriate measures, if possible. The counsel for the petitioners submitted that the petitioners submitted Ext.P3 representation before the 3^rd respondent. If that is the case, there can be a direction to the authority concerned to consider Ext.P3 forthwith.

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Therefore, this writ petition is disposed of in the following manner:

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i. The 3^rd respondent is directed to consider Ext.P3 and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.

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ii. The 3^rd respondent will give an opportunity of hearing to the petitioners before passing final orders.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO. 5979 OF 2022

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APPENDIX OF WP(C) 5979/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION DATED 9.2.2022 ISSUED BY THE 7TH RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 17.2.2022 SUBMITTED BY THE PETITIONERS BEFORE THE GENERAL MANAGER, PALAKKAD RAILWAY DIVISION EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 17.2.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Muhammedubaise K v. Union of India

Case brief

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Muhammedubaise K v. Union of India

Case brief

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