RAZAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Writ Petition pro bono publico seeking a mandamus against the railway authorities to restore its stoppage of train run between Chennai - Mangalore and Mangalore - Chennai at Neeleshwar railway station. The decision to run the trains in a particular line and the distance including the stoppage of the same are within the powers of the railway authorities. It is for the railway administration to take a decision to the needs of the passengers who resort to train journey. It is, no doubt, a very necessary and useful means of communication but it is not for the High Court to enforce upon the railway authorities to run the train on a particular line or in a particular mode including the stoppage or non stoppage at a particular railway station. There is a presumption in favour of the Government and the statutory authorities that whatever is done by them is done correctly and absolutely and there is no material before us to show to the contrary. That apart, for claiming a mandamus, it is necessary to show a legal right upon which alone a corresponding legal duty can be inferred and then Courts can consider as to whether a case is made out for issuance of mandamus or not. But, at the threshold where there is no legal right to show, the matter remains non justiciable so as to invoke the Court's jurisdiction, that too, by way of an extra ordinary remedy under Art.226 of the Constitution of India. In the circumstances, this Writ petition is dismissed, but, this shall not preclude the petitioner form approaching the concerned railway authorities, if any hardship is being caused to the passengers at Neeleshwar railway station.