Madras High Court
T.Prabhakar vs The Southern Railway on 6 November, 2019
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, R.Tharani
W.P(MD).No.6260 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE R.THARANI
Writ Petition (MD).No.6260 of 2019
and
W.M.P(MD).No.4990 of 2019
T.Prabhakar ... Petitioner
Vs.
1.The Southern Railway,
rep., by its General Manager,
Park Town, Chennai.
2.The Southern Railway,
Rep., by its Divisional Manager,
Madurai Division.
3.The Director General of Police of Railways (GRP),
Tamil Nadu, Chennai.
4.The Inspector General & Chief Security Commissioner,
Railway Protection Force, Southern Railway,
Chennai.
5.The General Secretary,
Southern Railway Mazdoor Union,
through the Principal Chief Personal Officer,
Mazdoor Union, Southern Railway, Chennai.
6.The General Secretary,
National Federation for Indian Railway,
through the Principal Chief Personal Officer,
Mazdoor Union, Southern Railway, Chennai.
1/10
http://www.judis.nic.in
W.P(MD).No.6260 of 2019
7.The General Secretary,
All India other Backward Community/
Railway Employees Association,
through the Principal Chief Personal Officer,
Mazdoor Union, Southern Railway, Chennai.
8.The General Secretary,
All India Scheduled Castes and Scheduled Tribes/
Railway Employees Association,
through the Principal Chief Personal Officer,
Mazdoor Union, Southern Railway, Channai. ... Respondents
(R3 to R8 are suo motu impleaded vide order dated 15.04.2019)
Prayer: Writ Petition is filed under Article 226 of the Constitution
of India to issue a Writ of Mandamus, to direct the respondents to
forbear any individual or association from erecting flex boards,
cutouts within Railway premises without permission and
consequentially direct the respondents to remove already erected
flex boards and to maintain the railway premises neat and clean.
For Petitioner : Mr.R.Gandhi
For Respondents : Mr.S.Manoharan (for R1, R2 & R4)
Mr.A.Muthukaruppan (for R3)
Additional Government Pleader
No appearance (for R5 to R8)
ORDER
(Order of the Court was made by T.S.SIVAGNANAM,J.) The petitioner has filed this writ petition styled as Public Interest Litigation, stating that he has been in public service for several decades and has been regular donor of blood, he is 2/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 providing free education to create awareness about the Environmental Protection and National Integration.
2.In this writ petition, the petitioner seeks a direction upon the respondents to forbear any individual or Association from erecting flex boards, cut-outs within the Railway premises without permission and consequently to direct the respondents to remove the already erected flex boards and to maintain the Railway premises neat and clean.
3.When the writ petitioner was heard earlier by the Hon'ble Division Bench, the Court issued an interim direction on 18.03.2019 calling upon the Railway Administration to furnish details as regards the number of flex boards and cut-outs erected by the Association and Trade Union of the employees of the Railways, the encroachments on public and railway property etc. Subsequently, the matter was heard on 09.04.2019, wherein direction was given to the Additional General Manager, Southern Railway to appear before the Court on 15.04.2019 to answer certain queries. On 15.04.2019, Mr.P.K.Misra, Additional General Manager, Southern Railway, was present and the Court taking note of various irregularities and illegalities, which were stated to have 3/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 been committed posed certain queries to the Railway administration. In order to have an effective adjudication on the writ petition, respondents 3 to 8 were suo motu impleaded and notice was ordered to them. We find notice has been served on all the impleaded respondents and their names appear in the cause- list, but none appears for the respondents 5 to 8. Mr.A.Muthukaruppan, learned Additional Government Pleader accepts notice on behalf of third respondent and Mr.S.Manoharan, learned Standing Counsel for the Southern Railway accepts notice on behalf of fourth respondent.
4.It is brought to our notice that in another Public Interest Litigation in W.P(MD).No.6481 of 2019, the Court has dealt with more or less an identical issue concerning Railway property and matters connected therewith, has issued interim direction in that writ petition. It is submitted by the learned Standing counsel for the Railways that the directions issued therein are comprehensive. Therefore, we are of the considered view that the queries raised by this Court in its order dated 15.04.2019 shall be taken up for consideration in W.P(MD).No.6481 of 2019 and when the said writ petition is heard, the Railway Administration shall answer the queries posed in the said writ petition as well as the queries, which 4/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 were posed in this writ petition in the interim order dated 15.04.2019.
5.Registry is directed to make two sets of the copies of the affidavit and typed set of papers and copy of the interim direction issued in this writ petition and place it in W.P(MD).No.6481 of 2019, when the said case is listed. The name of the learned counsel appearing for the present writ petition Mr.R.Gandhi and Mr.J.Karthikeyan shall be printed in the cause-list to enable them to assist the Court to arrive at a decision in W.P(MD).No.6481 of 2019.
6.Now, we revert back to the prayer sought for in W.P(MD).No.6260 of 2019, the present writ petition. The petitioner has stated that several members, several individuals and office bearers or Association and Trade Unions of employees of Southern Railway are misusing the Railway premises and the authorities have not been able to take any steps or and are often silent spectators to all the illegalities. It is submitted that even after imposing ban on erection of flex boards in all public places and a law also having been enacted for the said purpose, so far as the Railway Stations and lands owned by the Southern Railways are 5/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 concerned, these laws are not being implemented, though the hoardings and other flex boards are governed by the law enacted by the State of Tamil Nadu. It is common sight that there is disfigurement of Railway property, more particularly inside the Railway Station, and in the walls abutting the Railway Stations and Railway Tracks, huge flex boards containing photographs of office bearers of Trade Unions and Associations of Railway employees are erected obstructing the free movement of passengers. Flags and festoons are erected to celebrate birthdays and other so called achievements of the Union leaders of such Associations, Trade Unions etc., and the Southern Railways has not been able to enforce any discipline in those people and it is virtually they who have control over the Railway Stations and Railway properties. Very often, we find in suburban trains, posters are affixed not only outside the Railway carriage but also inside the Railway carriage, boldly displaying the photographs of Union leaders commemorating their achievements, grieving the demise etc. Most of the persons whose photographs are boldly displayed in the banners/posters/wall grafts are not Railway employees.
7.In our considered view, none of the Trade Unions or Associations of the employees of the Southern Railways have any 6/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 vested right to erect any flex boards, hoardings or affix posters and hoisting their flags inside the Railway property or inside the Railway station. Infact the petitioner's prayer is not appropriately couched because they state that such flex boards, cut-outs should not be erected without permission.
8.In our considered view, Railway stations and the premises adjoining the Railway stations are for the convenience of the traveling public, no member of a Trade Union much less the self proclaimed leaders of the Trade Unions have any vested right to erect any hoardings or flex boards or cut-outs or affix posters in the Railway property. The question of granting permission for such purpose has to be termed to be an illegality. Therefore, we are of the considered view that there should be an absolute ban on erection of flex boards, cut-outs, posters, flagpoles, festoons, wall grafts etc., in any of the Railway premises displaying names of Trade Union/Association photographs of officer bearers etc. Therefore, we direct the respondents/Railway Administration to forthwith take action to remove all flex boards, cut-outs within the Railway premises and impose a total ban on erecting any such cut- outs and flex boards etc., within the Railway station, outside the Railway Station, land abutting the Railway Station and also impose 7/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 a total ban on affixing of posters on Railway carriages. If any of the Associations, Trade Unions or their office bearers violate the same, the Southern Railway is directed to initiate prosecution against those incharge of erection of such unauthorised banners, flex boards and posters and also initiate prosecution against the persons whose names and photographs are displayed in those cut- outs, posters, etc., as the sponsors seek to glorify those persons whose photographs find place and they are also liable to be punished.
9.The respondents/Southern Railways are granted three weeks' time from the date of receipt of a copy of this order to remove all these offending structures. Insofar as the hoardings, which have been erected in Railway property, first enumeration should be done to ascertain as to whether appropriate approval has been obtained under the law enacted by the State of Tamil Nadu. If not done, the same shall be forthwith dismantled.
10.Wherever Southern Railways has granted no objection and based on the No Objection Certificate, the hoarding companies have erected hoardings, permission shall not be extended and the respective District Collector be addressed in this regard and after expiry of the said period, those hoardings shall also be dismantled. 8/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019
11.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
(T.S.S.J,) & (R.T.J,)
06.11.2019
Index:Yes/No
Internet: Yes/No
rmk
To
1.The General Manager,
Southern Railway,
Park Town, Chennai.
2.The Divisional Manager,
Southern Railway,
Madurai Division.
3.The Director General of Police of Railways (GRP), Tamil Nadu, Chennai.
4.The Inspector General & Chief Security Commissioner, Railway Protection Force, Southern Railway, Chennai.
9/10 http://www.judis.nic.in W.P(MD).No.6260 of 2019 T.S.SIVAGNANAM,J.
and R.THARANI,J.
rmk Writ Petition (MD).No.6260 of 2019 06.11.2019 10/10 http://www.judis.nic.in