A. RANGANAYAKI & ORS. Vs. THE CHIEF MANAGER

JUDGEMENT

(1.) The Registry of the High Court entertained a doubt with regard to the maintainability of the writ petition filed by the appellants against Southern Railway claiming compensation on account of the brutal murder of their daughter Ms. S. Swathi at Nungambakkam Railway Station. The Registry in its note indicated that there is an alternative remedy available to the appellants and as such, the writ petition is not maintainable. The learned single Judge sustained the objection raised by the Registry. The order is under challenge in this intra court appeal.

(2.) The learned counsel for the appellants contended that on account of the pecuniary limit, it would not be possible to claim a sum of Rs. 3 crores from the Railways by filing a petition before the Railway Claims Tribunal. According to the learned counsel, the learned single Judge was not correct in directing the appellants to approach the Railway Claims Tribunal or the Civil Court.

(3.) The learned Standing Counsel for the Southern Railways contended that the remedy open to the appellants is only to approach the Railway Claims Tribunal with a claim petition or the Civil Court with a Civil Suit for compensation. According to the learned Standing Counsel, the writ petition against the Southern Railways claiming compensation is not maintainable before the writ court exercising jurisdiction under Article 226 of the Constitution.