Writ petition seeking direction to construct an over bridge instead of an underpass at a level crossing was disposed of summarily without entertainment on merits, granting liberty to respondents to act on a future representation within six weeks.
Direction for passing appropriate order on petitioner's representation within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.8822 of 2020
and W.M.P.No.10712 of 2020
L.Kannan .. Petitioner
-vs-
1.The Railway Secretary,
Rail Bhavan,
No.1, Raisina Road,
New Delhi.
2.The General Manager,
Southern Railway,
NGO Annexe, George Town,
Chennai 600 003.
3.The District Collector,
Collectorate, Villupuram District,
Villupuram. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to construct over bridge instead of proposed underpass at LC106A E2 level crossing which is situated at 139 Kilometer from Chennai in survey No.29, 260 and 306 in Nedimozhiyanur Panchayat, Villupuram District based on the petitioner's representation dated 03.06.2020.
Page 1 of 3
For Petitioner For Respondents
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent Railways and the learned State Government Pleader for the State.
2.The petitioner contends that a representation has been filed praying for construction of an underpass and averments regarding the same have been made.
3.We are not inclined to entertain this petition for deciding the claim on merits. But, since a request has been made contending that it is in larger public interest, we dispose of this petition with liberty to the second respondent to pass an appropriate order and intimate it to the petitioner on the representation so said to have been filed by the petitioner within a period of six weeks from the date of presentation of certified copy of the order. No costs. Consequently, W.M.P.No.10712 of 2020 is closed.
-s/d-
Assistant Registrar
True copy
Sub-Assistant Registrar
sra
Page 2 of 3
To
1.The Railway Secretary, Rail Bhavan, No.1, Raisina Road, New Delhi. 2.The General Manager, Southern Railway, NGO Annexe, George Town, Chennai 600 003. 3.The District Collector, Collectorate, Villupuram District, Villupuram. W.P.No.8822 of 2020 br(co) aa04/08/2020
Page 3 of 3
1 issue framed by the court
Whether the High Court is inclined to decide the petitioner's claim on merits regarding the construction of an over bridge or underpass.
1 provisions across 1 enactments
L.Kannan
Railway Secretary
General Manager, Southern Railway
District Collector
A.P.SAHI
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
