Dismissed

M.Ilaiyaperumal, v. the State of Tamil Nadu

Madras HC26 Jul 2024WP(MD)/22585/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition seeking a direction to build a permanent railway gate and appoint a gatekeeper at Level Crossing No.44. The court held that no further order was required as the respondents had closed the unmanned crossing based on a safety policy decision.

What did the court decide?

Petition for direction to build permanent gate and appoint gatekeeper dismissed.

M.Ilaiyaperumal, Vs the State of Tamil… — Constitutional and Fundamental Rights | Madras HC (2024)

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W.P.(MD) No.22585 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.07.2024

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CORAM:

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THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.22585 of 2018 and

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W.M.P.(MD)Nos.20465 of 2018 & 494 of 2019

M.Ilaiyaperumal

... Petitioner

-Vs-

1.The State of Tamil Nadu,

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Rep. by the Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Fort St.George,

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Chennai-9.

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2.The District Collector, Collectorate, Tirunelveli District.

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3.The General Manager, Southern Railway,

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1^st Floor, NGO Campus, Park Town, Chennai-3.

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4.The Chief Engineer, O/o. The Chief Engineer, Bridge and Maintenance, Southern Railway, Chennai-600 033.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.22585 of 2018

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5.The Additional Divisional Railway Manager, O/o. The Additional Divisional Railway Manager, Madurai Railway Station, Madurai City-1.

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6.The Block Development Officer, O/o. The Block Development Officer, Cheranmahadevi Division, Tirunelveli District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to build a permanent railway gate and to appoint Railway Gate Keeper in Level Crossing No.44 enroute Nellai to Sengottai Passenger Train situated at Mela Pudukudi Village, Cheranmahadevi Taluk, Tirunelveli District by considering the representation dated 26.10.2018 within the time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash For R1 & R2 : Mr.P.Thilakkumar, Government Pleader For R3 to R5 : Mr.K.R.Laxman For R6 : Mr.C.M.Marichelliahprabhu

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ORDER

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[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]

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The prayer sought for in this Writ Petition is to direct the respondents to

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build a permanent railway gate and to appoint Railway Gate Keeper in Level Crossing No.44 enroute Nellai to Sengottai Passenger Train situated at Mela

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.22585 of 2018

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Pudukudi Village, Cheranmahadevi Taluk, Tirunelveli District, by considering the petitioner's representation dated 26.10.2018 within the time stipulated by this Court.

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2.Today, when the matter is taken up for hearing, the learned counsel for the respondents 3 to 5, by relying upon the counter affidavit filed by the respondents 3 to 5, would submit that the unmanned LC.No.44 at KM.51/400-500 in Tirunelveli-Tenkasi Section was closed based on the policy decision taken by the Railway Board to close all the unmanned Level Crossings in all over the country in order to ensure safety of travelling public as well as general public that too, after getting the approval of District Administration and duly following the alternate arrangements, such as providing diversion of traffic to the adjacent Level Crossings maximum nearby a distance of 0.5 km to 1.0 km, which is also very easily accessible.

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3.The said submission made by the learned counsel for the respondents

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3 to 5 is not disputed by the learned counsel for the petitioner.

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4.In view of the said submission made by the learned counsel for the respondents 3 to 5, no further order is required to be passed in this Writ Petition.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.22585 of 2018

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Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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[D.K.K., A.C.J.] & [R.V., J.] 26.07.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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Yuva

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1.The Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Fort St.George, Chennai-9.

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2.The District Collector, Collectorate, Tirunelveli District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.22585 of 2018

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D.KRISHNAKUMAR, A.C.J.

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AND R.VIJAYAKUMAR , J.

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Yuva

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W.P.(MD)No.22585 of 2018

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26.07.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

M.Ilaiyaperumal, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Ilaiyaperumal, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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