IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 17241 of 2008(S) -------------------------- PETITIONER: --------------- MALABAR RAIL USERS ASSOCIATION, REG.NO.S.354/07,PARAPPANANGADI UNIT (PO), PARAPPANANGADI REP:BY SRI.KADER HAJI,CHIEF PATRON, VALAPPIL HOUSE, ULLALAM PALATHINKAL (P.O), PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BINDU SREEKUMAR RESPONDENTS: ----------------- 1. THE CHAIRMAN, RAILWAY BOARD, RAILWAY BHAVAN, NEW DELHI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, ZONAL OFFICE, CHENNAI. 3. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY PALGHAT DIVISION. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. ROADS AND BRIDGES CORPORATION, REPRESENTED BY MANAGING DIRECTOR, OFFICE OF THE ROADS AND BRIDGES CORPORATION, ERNAKULAM. 7. SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. WP(C).No. 17241 of 2008(S) 8. THE DISTRICT COLLECTOR, MALAPPURAM. 9. THE SPECIAL TAHSILDAR, LAND ACQUISITION (G), TIRUR, MALAPPURAM DISTRICT. ADDL.10. KERALA INDUSTRIAL TECHNICAL CONSULTANCY ORGANIZATION. (IMPLEADED AS PER ORDER DATED 19.11.2009 IN WPC.) R1 TO R3 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R4 TO R9 BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS. ADDL.R10 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.17241 of 2008 ------------------------------------------ Dated this the 23rd day of November, 2010 JUDGMENT J.Chelameswar, C.J. This writ petition is filed with the prayers as follows: “1. To issue a writ, direction, or order in the nature of mandamus directing the respondents to take strict and stringent action for the construction of over bridge in place of Parappanangadi railway cross yard gate. 2. To issue a writ, direction or order in the nature of mandamus directing the 8th respondent to take immediate steps for acquiring required land and make it available for the respondents 1 to 3, for the construction of the over bridge in place of Parappanangadi railway cross yard gate. 3. To call for the records leading to Exhibit P2 and P3. 4. To declare that petitioners are highly suffering countless hardships due to the frequent closure of railway cross yard gate every day.” 2. When the matter is taken up, learned counsel for the petitioner Smt.Bindu Sreekumar submits that during the pendency W.P.(C) No.17241 of 2008 - 2 - of the writ petition the State of Kerala acquired the necessary land for construction of an over-bridge at Parappanangadi Railwaycross yard gate and the construction work has actually commenced. In the circumstances, we do not see any reason to proceed further with the writ petition. The writ petition is accordingly closed. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns