IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 4917 of 2010(L) ------------------------------- PETITIONERS: ---------------- 1. K.K.HASSAN, DOOR NO.32/1858, SRA NO.34, SURABHI ROAD, PALARIVATTOM, EDAPPALLY,KOCHI-682024 2. K.K.HUSSAIAN,DOOR NO.32/1858, SRA NO.34, SURABHI ROAD, PALARIVATTOM, EDAPPALLY,KOCHI-682024 BY MR.M.V.BOSE, ADVOCATE. MR.VINOD MADHAVAN, ADVOCATE. MS.NISHA BOSE, ADVOCATE. RESPONDENTS: ------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI. 2. THE SECRETARY, RAILWAY BOARD, RAILWAY BHAVAN,NEW DELHI. 3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 4. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 5. THE AREA MANAGER, ERNAKULAM JUNCTION, SOUTHERN RAILWAY, ERNAKULAM. BY MR.N.B. SUNILNATH, SC FOR RAILWAYS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4917 OF 2010 --------------------------------------- Dated this the 25th day of February, 2010. J U D G M E N T The petitioners are purchasers of certain properties by Exhibits P1 to P3. According to the petitioner, as the land is surrounded by railway lines, there is no proper access to the same. The plot is near K.S.R.T.C bus stand. Seeking for appropriate action, the petitioners have approached the Secretary of the Railway Board by Exhibit P5 and the Minister of Railways by Exhibit P6. 2. Learned Standing Counsel for the Railways has filed a statement wherein it is pointed out that the petitioners had purchased the land in the year 2006 and 2007 and the sale deeds were executed fully knowing that railway line is near the purchased land. The Shornur-Ernakulam Line was laid during the year 1930 and Ernakulam Kottayam line in the year 1950. The railway line at Ernakulam-Ernakulam Marshelling Yard was constructed in the year 1980. As per Section 16 of the Indian W.P.(C) No.4917/2010 2 Railways Act, accommodation work can be asked by land owners, local bodies or any other party only within ten years of construction of Railway line. All these tracks are laid more than 20 years evidently and they are very busy important tracks in Ernakulam area and hence no land crossing even on deposit terms cannot be agreed to as it will adversely affect the safety and punctuality of trains. 3. So far no decision has been taken by any of the statutory authorities. Learned Standing Counsel for the Railways submitted that the petitioners have not approached the Railway Divisional Manager (Works), Trivandrum who alone is the competent authority to see whether the application could be entertained. There are various provisions under the Act to be looked into in the matter and if at all the application could be favourably considered, the petitioners will have to bear the expenses for the work also. Therefore, if the petitioners file an appropriate application before the Railway Divisional Manager (Works), Trivandrum along with copies of the writ petition and the judgment, the same will W.P.(C) No.4917/2010 3 be considered and appropriate action will be taken in accordance with law. If the order is adverse to them, the petitioners will take up the matter before the higher authorities. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp