IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17241 of 2008(S)
1. MALABAR RAIL USERS ASSOCIATION,
... Petitioner
Vs
1. THE CHAIRMAN, RAILWAY BOARD, RAILWAY
... Respondent
2. THE GENERAL MANAGER, SOUTHERN RAILWAY,
3. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY
4. STATE OF KERALA, REPRESENTED BY CHIEF
5. SECRETARY, PUBLIC WORKS DEPARTMENT,
6. EXECUTIVE ENGINEER, ROAD AND BRIDGES
7. SECRETARY, REVENUE DEPARTMENT GOVERNMENT
8. THE DISTRICT COLLECTOR, MALAPPURAM.
9. THE SPECIAL TAHSILDAR, LAND ACQUISITION
For Petitioner :SRI.BINDU SREEKUMAR
For Respondent :SRI.N.B.SUNIL NATH,SC, RAILWAYS
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :23/11/2010
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
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W.P.(C) No.17241 of 2008
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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