P JAYAGEETHAN Vs. CHAIRMAN RAILWAY BOARD RAIL BHAWAN

JUDGEMENT

(1.) Instant Public Interest writ petition is for a mandamus, directing the respondents to provide railway gate near the existing railway gate at LC 45 in the limits of Vellur Village Panchayat, Kammapuram Union, Viruthachalam Taluk, Cuddalore District.

(2.) The grievance of the petitioner is that Gate viz. LC 45, in the limits of Vellur Village Panchayat, Kammapuram Union Viruthachalam Taluk, Cuddalore District, provided by the Southern Railways, has been in existence for more than 100 years and the same has been used by the adjoining villagers for ingress and egress to the market place, bank, panchayat office, school, to transport agricultural products. Said gate has been closed without providing alternative gate, as a result, public have to take circuitous route. Expressing hardship and inconvenience, village Panchayat has passed resolution on 13.10.2016, recognizing the need for railway gate and also submitted representations dated 20.03.2017 and 25.02017, respectively, to the respondents and other officials. As the grievance has not been redressed, instant writ petition has been filed, for the relief stated supra.

(3.) Mr.P.T.Ramkumar, learned standing counsel for Railways submitted that following the judgment of the Hon'ble Supreme Court, as a matter of policy, unmanned level crossings through out the country are being closed. Accordingly, unmanned level crossing 45, was closed. He further submitted that Gates LC 44 & 46, are at a distance of 700 and 600 meters, respectively, with a closed level crossing. He has also produced a rough sketch showing the closed unmanned LC 45 and the other two level crossings 44 and 46.