Kerala High Court
C.K.Rajan vs State Of Kerala
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY,THE 15TH DAY OF NOVEMBER 2013/24TH KARTHIKA, 1935
WP(C).No. 18175 of 2013 (V)
----------------------------------------
PETITIONERS:
---------------------
1. C.K.RAJAN, AGED 52 YEARS,
S/O.KRISHNAN, CHATTIKANDY HOUSE, PUTHIYAPPA P.O,
PUTHIYANMGADI, CALICUT-21.
2. PAVANGAD PUTHIYAPPA UNDERPASS/RAILWAY GATE ACTION COMMITTEE,
C.K.BUILDING, PUTHIYAPPA, P.O.PUTHIYANGADI,
KOZHIKODE, REPRESENTED BY ITS CHAIRMAN SASIDARAN.
BY ADVS.SRI.P.S.NANDANAN,
SRI.SANTHOSH PETER (MAMALAYIL),
SRI.P.N.ANOOP,
SRI.B.G.RENJITH.
RESPONDENTS:
------------------------
1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,
PIN-695 001.
2. THE SENIOR DIVISIONAL ENGINEER,
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD,
PIN-678 001.
3. DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, PALAKKAD, PIN-678 001.
4. THE SECRETARY,
LOCAL ADMINISTRATION DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN-695 001.
5. THE SECRETARY,
PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN-695 001.
Prv.
W.P.(C).NO.18175/2013-V:
6. THE SECRETARY,
MINISTRY OF RAILWAYS, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN-695 001.
7. DISTRICT COLLECTOR,
KOZHIKODE, PIN-673 004.
8. THE SECRETARY,
CORPORATION OF CALICUT, PIN-673 004.
9. THE MANAGING DIRECTOR,
ROADS AND BRIDGES DEVELOPMENT CORPORATION,
THAMMANAM ROAD, PALARIVATTAM, ERNAKULAM, PIN-682 025.
R1,R4,R5 & R7 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE,
R2 & R3 BY SRI.C.S.DIAS,S.C,
R8 BY SRI.K.D.BABU,S.C,
R9 BY ADV. SRI.M.VIJAYA KUMAR, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-11-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.18175/2013-V:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE ALIGNMENT AND LONGITUDINAL PROFILE PREPARED
BY KITCO FOR THE RAILWAY OVER BRIDGE PROJECT.
EXT.P.2: COPY OF THE LEVEL DETAILS BETWEEN RAILWAY TRACK AND DRAIN
BOTTOM AND SKETCH OF THE UNDERPASS (PUTHIYAPPA
THEEREDESHA ROAD) PREPARED BY THE REGISTERED SUPERVISOR.
EXT.P.3: COPY OF THE REPRESENTATION DTD. 29/05/2013 SUBMITTED
BEFORE THE R.2.
EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1.
DTD. 06/05/2013 TO THE DIVISIONAL MANAGER, SOUTHERN RAILWAY,
CHENNAI.
EXT.P.5: COPY OF THE NEWS PUBLISHED IN MATHRUBHOOMI DAILY
(NAGARAM) KOZHIKODE EDITION ON 11/06/2013.
RESPONDENTS' EXHIBITS:
EXT.R9.A: COPY OF THE REQUEST MADE TO THE CHIEF ADMINISTRATIVE
OFFICER (CONSTRUCTION) SOUTHERN ROADWAY, ERNAKULAM.
EXT.R9.B: COPY OF THE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C) No. 18175 of 2013
~~~~~~~~~~~~~~~~~~~~~~~
Dated, this the 15th day of November, 2013
JUDGMENT
The second petitioner is an association of persons known in the name of Pavangad Puthiyappa Underpass/Railway Gate Action Committee, formed for getting sanction to construct a 'Railway Gate' or 'Underpass' to connect Pavangad and Puthiyappa. The first petitioner is a nearby resident, who is interested in the affairs of the second petitioner. The grievance of the petitioners is with regard to the proposal of the Government to construct a 'Railway Over Bridge' in the location, instead of Underpass/Railway Gate, which according to the petitioners will cause much adverse circumstances. Though the petitioners have preferred Exts. P3 and P4 representations before the respondents, projecting their grievance, they are still to be considered. Hence the writ petition.
2. The 9th respondent has filed a detailed counter affidavit, pointing out the facts and figures. It is stated that the feasibility of the construction was examined in detail and a detailed estimate was prepared by the Chief Administrative Officer Construction (CMO) for construction of 'Under pass' at Pavangad and also with regard to the W.P.(C) No. 18175 of 2013 : 2 : underpass outway to be constructed at Elathur and Vadakkumpad, pursuant to Ext. P9(a). After a detailed study, the CMO reported that as per the site condition, 'Underpass' was not feasible at the location (Panvangad) and that only 'Railway Over Bridge' could be constructed. It is stated that, there will be every possibility of flooding in the road during monsoon season, if the 'under pass' is constructed, as the site is very near to the Beach. Copy of the said report is produced as Ext. P9(b). On reporting the matter to the Government, after considering the factual position, Administrative sanction was given to construct 'Railway Over Bridge' at Pavangad and an amount of 3.66 crores was earmarked for the same.
3. The respondents 2, 3 and 6 have filed a counter affidavit, which virtually stands in confirmation of the stand taken by the 9th respondent. The fact that the 'Railway Underpass' is not possible at site, has been reiterated in the said counter affidavit as well. It is also stated in paragraph 8 that, because of the spiraling increase in train and road traffic, the Ministry of Railways (Railway Board) has taken a 'policy decision' to construct 'Railway Over Bridges' at congested locations and to eliminate manned and unmanned W.P.(C) No. 18175 of 2013 : 3 : Railway level crossings.
4. After hearing both the sides, this Court finds that the feasibility of construction was examined at different levels and the best course is stated as being adopted, based on the opinion of the technical experts. In the said circumstances, it is not proper to interfere with the course adopted by the respondents. Interference is declined and the writ petition is dismissed.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd