HC: Court can’t meddle in railways’ functioning

Saying that making a plea before the court of law to interfere in the functioning of railways is certainly impermissible in law, the Madurai bench of the Madras high court on Friday dismissed a plea seeking re-annexure of general compartment in

Vaigai

and Pallavan Superfast expresses.

Passing an order dismissing the plea filed by B Karthee, a division bench of justices M Venugopal and Abdul Quddhose said, “It is to be borne in mind that every matter of public interest or curiosity cannot be a cementing factor for filing public interest litigation. It cannot be brushed aside that a court of law is not intended to, nor it should run the administration of the country.

In this connection, it is pertinent for this court to point out that only when there is a breach of relevant statutory provisions or constitutional provisions or non-compliance of either statutory or constitutional duties by the state (government) concern, a court of law can step in / interfere. But, in the present case, none of the contingencies arise, in the considered opinion of this court.”

The bench also said in the upshot of detailed discussions and overall assessment of the facts and circumstances of the present case in an integral manner, the court came to an inescapable conclusion that it could not interfere in the subject matter in the plea. Thus, the case failed, the bench said.

Standing counsel for the Southern Railway, S Manohar said that at present four general coaches with seating capacity of 90 each and two unreserved coaches with 16 seats for physically challenged people and 40 seats for ladies are available.

He also pointed out the Supreme Court ruling barring the court to interfere into the railway administration.


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