IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14964 of 2009(S) -------------------------- PETITIONER(S): --------------- T.K.DEVARAJAN, PRESIDENT, KAMBIVELIKKAKAM DEVELOPMENT COMMITTEE, THUKALADIL HOUSE, KAMBIVELIKKAKAM, THIRUVAMKULAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF RAILWAY, NEW DELHI. 2. THE CHAIRMAN, RAILWAY BOARD, NEW DELHI. 3. THE DIVISIONAL RAILWAY MANAGER (WORKS), SOUTHERN RAILWAY, THIRUVANANTHAPURAM. ADV. SRI.N.B.SUNIL NATH, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.14964 of 2009 ---------------------------------------------- Dated 1st June, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayers :- “(i) To issue a writ of certiorari quashing Ext.P9 as erroneous, unwarranted, irrational and unworkable; (ii) To issue a writ of mandamus directing the respondent No.3 to conduct a joint inspection and discussion with the local M.P., M.L.A., Grama Panchayat and the representative of the petitioner's Society in the matter of providing a level crossing in Ward No.10 of Thiruvanankulam at Kambivelikakom between Kmts 11/200-300 between Tripunithura - Mulamthuruthy stations; (iii) To issue a writ of mandamus directing the respondents to take appropriate action on Exts.P8 and P10 representations untrammelled by the stand taken in Ext.P9.” The issue pertains to the proposal for construction of a level cross. According to the Railways, the level cross is not feasible; a Railway over-bridge is the feasibility. But it is pointed out by Sri.Kaleeswaram Raj, learned counsel appearing for the petitioner that a Railway Over-bridge in that area would cause huge financial liability and that is not proportionate to the benefit WP(C) NO.14964/09 2 to be derived for 110 families. Counsel for the petitioner further submits that in case the third respondent conducts a local inspection with notice to the local authority, and also ascertains the views of the Member of Parliament and Member of the Legislative Assembly, the third respondent might take a different view from that is taken in Ext.P9. Petitioner has filed Ext.P10 representation in that regard. Therefore, without expressing any opinion as to the merits of the contentions taken, we dispose of the writ petition directing the third respondent to consider Ext.P10 after conducting a local inspection with notice also to the President of the Thiruvamkulam Grama Panchayat, and also after ascertaining the views of the representatives of the people. Orders in this regard shall be passed within four months from the date of production of a copy of the judgment. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.14964 of 2009 ---------------------------------------------- J U D G M E N T Dated 1st June, 2009.