DIVISIONAL RAILWAY MANAGER Vs. TIRUPUR RAILWAY STATION

JUDGEMENT

(1.) The petitioner is the sole defendant in O.S. No. 291 of 2006 on the file of the learned Principal Subordinate Judge, Tirupur. The respondent is the plaintiff in the said suit. The respondent claims to be an association known as "Tirupur Railway Station, Daily Commuters' Association". The said association/plaintiff has filed the suit for the following relief:

(2.) Though the challenge in this civil revision petition is only to the order made in I.A. No. 1574 of 2011, during the course of argument, since this court had doubt about the very maintainability of the suit, exercising its power of superintendence under Article 227 of the Constitution of India, this court invited the counsel on either side to advance their arguments in respect of the maintainability of the suit itself.

(3.) The learned senior counsel for the petitioner would submit that classification of a railway station parking area under various grades is a policy matter of the Southern Railways and the same will not give rise to any civil litigation. The learned counsel would nextly contend that the petitioner has got nothing to do with either parking area of the railway station or with the tender to be floated by the petitioner. The learned senior counsel for the petitioner would nextly point out that this is not a public interest litigation, nor the said suit has been filed in representative capacity. The learned counsel would further submit that Section 80 of CPC was also not complied with.