IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 15219 of 2009(S) -------------------------- PETITIONERS: --------------- 1. PATHANAMTHITTA DISTRICT RAILWAY PASSENGERS ACTION COUNCIL, MANALLOOR BUILDING, OPPOSITE: RAILWAY STATION, TIRUVALLA-689 101, REP.BY ITS PRESIDENT ADV.KURIAN JOSEPH, AGED 46 YEARS, S/O.JOSEPH ABRAHAM, MANALUR HOUSE, NEAR ST.PAUL'S MARTHOMA CHURCH, KIZHAKKANMUTHOOR, TIRUVALLA. 2. THOMAS CHANDAPILLAI, AGED 66 YEARS, S/O.KURIAN THOMAS, "GREEN HILL", NEAR RAILWAY STATION, TIRUVALLA. 3. V.K.SUBHASH, AGED 50 YEARS, S/O.KUNJACHAN, VELANKOVIL HOUSE, NEAR RAILWAY STATION, TIRUVALLA. BY ADV. SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ SRIT.R.MOHANAKUMAR RESPONDENTS: ----------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT.OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 3. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM-695 014. WP(C).No. 15219 of 2009(S) 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA. R1 TO R3 BY SRI.B.JAYASANKAR, SC, RAILWAYS R4 BY SRI.M.K.CHANDRA MOHANDAS,SC,PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15219 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 JUDGMENT Basheer, J. This Writ Petition, as pro bono publico, has been filed by Pathanamthitta District Railway Passengers Action Council and two other local residents seeking the following reliefs: “(a) Issue a writ of prohibition or appropriate writ, order or direction commanding the railway authorities to restrain from going ahead with the proposed construction of the cement yard at Thiruvalla railway station for the purpose of unloading of cement bags from the goods wagons and transportation of the same into the lorries/other transportation vehicles.” 2. The grievance of the petitioners, as projected in the writ petition, is that an attempt is now being made by the Railway Authorities for acquiring nearby lands adjoining the Thiruvalla railway station for formation of a separate cement yard for loading and unloading of several thousand bags of cement by extension of the existing railway track causing WP(C) No.15219 of 2009 -:2:- extensive damage to the life and health of not only the travelling public but also to the residents in the nearby locality. Petitioners allege that the action of the Railways is against “public protest without undertaking any environment impact study and the possible harm that would be caused to the local residents and the travelling/waiting passengers.” 3. While refuting all the allegations made in the writ petition, the Divisional Railway Manager(Works), Thiruvananthapuram Division in his additional counter affidavit has asserted that there is no proposal for extension of the capacity of the existing cement unloading facility in Thiruvalla railway station. It is further stated that the acquisition of additional area nearby Thiruvalla railway station is only to provide additional lines in connection with the doubling work between Kottayam and Kayamkulam Railway stations. It is further averred by the deponent that directions have already been issued to carry out regular wetting of the ground near the loading area and its strict compliance is being ensured. It WP(C) No.15219 of 2009 -:3:- is also stated that cement bags are being unloaded directly into the lorries, since facilities are available to park the lorries very close to the wagons. In fact a labourer carrying cement bags can walk comfortably onto the platform of the parked lorry, since the wagon-door is at the same level as that of the platform of the lorry. It is further asserted by the deponent that cement is never unloaded onto the platform and there is no possibility of cement dust being spread to the passenger area, even in the rare event of any careless handling by labourers. 4. Learned Standing Counsel for the respondents submits that adequate precautionary measures, if any, as directed by the Pollution Control Board from time to time, will be taken to the extent possible. It will also be ensured that there is no threat of pollution or discomfort to the passengers or the nearby residents. The above submission is recorded. 5. We do not propose to advert to the various other averments made by the officer in his counter affidavit. We WP(C) No.15219 of 2009 -:4:- have perused the report filed by the Pollution Control Board also. Having carefully perused the entire materials available on record, we are satisfied that no relief can be granted to the petitioners at this stage, since the respondents have categorically stated that they do not intend to construct a cement yard at Thiruvalla Railway Station. In that view of the matter, especially in the light of the stand taken by the Railway authorities, the Writ Petition is closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WP(C) No.15219 of 2009 -:5:-