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2009 DIGILAW 108 (KAR)

M. Rammohan Rao v. Union of India owning Southern Railways Central Secretariat

2009-02-06

P.D.DINAKARAN, V.G.SABHAHIT

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Judgment :- Sabhahit, J. This Public Interest Litigation is filed by petitioners 1 to 4 seeking for the following prayer:- “ The petitioners pray that the Hon’ble Court may be pleased to issue a Writ of Mandamus or such other Writ or Order or Direction to the Respondents to implement condition No.4.4.(c) of the concession agreement dated 18.03.2004 and give effect to railway timetable published by South Western Railways vide Annexures ‘H’ and ‘H1’ table Nos.19 and 20 by running trains during day time up and down Bangalore Mangalore via Arasikere Hassan and to grant such other relief in the interest of justice.” 2. It is averred in the writ petition that the petitioners seek a writ of mandamus to consider the request of the petitioners as well as the Citizens’ Forum, Puttur, D.K., for providing, as assured and held out by second respondent in their annual budget and the time table of the Trains of South Western Railways, day service of passenger train up and down Mangalore Bangalore, to overcome the congestion of traffic on surface transportation. It is further averred that the traveling public and the transporters of goods particularly mineral one from various parts of the State to Mangalore Port would usually use National Highway No.47, part of which is treacherous at Shirdi Ghat. The hairpin bends and merciless variation of heights or depth owing to reality of Ghats would cause serious fatigue and expense to the motorists and transporters. To ease the said agony as well as ecstasy, beholding the bountiful nature along the roads, the Ministry of Railways with the co-operation of Government of Karnataka conceived and put into effect railway lines connecting Hassan and Mangalore, although the said work stood over unfinished for decades on end. The railway track is single line. Hassan Mangalore Rail Development Company Limited (for short, ‘HMRDCL’), which is entrusted with the right to use the track in terms of an agreement dated 18.03.2004 termed as concession agreement, is exploiting and monopolizing the tracks for commercial purposes, ignoring the need of the passengers who commute up and down Bangalore – Mangalore. 3. It is further averred in the petition that the shortest route from Bangalore to Mangalore is via Arasikere and Hassan. There are existing railway lines from Bangalore to Hassan via Arasikere. There are well laid out railway tracks, in usable condition, from Hassan to shravanabelagola. 3. It is further averred in the petition that the shortest route from Bangalore to Mangalore is via Arasikere and Hassan. There are existing railway lines from Bangalore to Hassan via Arasikere. There are well laid out railway tracks, in usable condition, from Hassan to shravanabelagola. There are no railway lines from Bangalore to Shravanabelagola directly. Laying of railway tracks from Bangalore to Shravanabelagola is in planning and concept for decades together. Petitioners have been urging to provide passenger trains from Bangalore to Mangalore via Arasikere and Hassan, which would be economically viable besides reducing the travel time from Bangalore to Mangalore. The said track can be extended up to Cannanore in Kerala. Though the representation has been given to the respondents, no steps whatever has been taken and inaction on the part of the respondents in that behalf is arbitrary, unjust, unfair and unreasonable and wherefore, the prayer for the above said relief. 4. We have heard the learned senior counsel appearing for the petitioner. 5. Learned senior counsel appearing for the petitioners submitted that representation has been given by the petitioners, but no step whatever has been taken by the respondents and therefore, the writ petition is filed and necessary direction may be issued as sought for in the writ petition. 6. We have given careful consideration to the contentions of the learned senior counsel appearing for the petitioners and scrutinized the material on record. 7. The material on record would clearly show that the prayer sought for in the writ petition cannot be granted in exercise of the power of this Court under Article 226 of the Constitution of India. The question as to the number of trains to be run in a particular route and the time table of the scheduled train and other factors including the convenience and timing of running the Train from a particular point to another point i.e., from Mangalore to Bangalore up and down in the present case and also providing budget for the said train lies exclusively within the domain of the respondents. The petitioners cannot claim as of right that a train should be run from Mangalore to Bangalore up and down to overcome the congestion of traffic on surface transportation and in that behalf, the prayer of the petitioners cannot be granted in exercise of the writ jurisdiction of this Court. The petitioners cannot claim as of right that a train should be run from Mangalore to Bangalore up and down to overcome the congestion of traffic on surface transportation and in that behalf, the prayer of the petitioners cannot be granted in exercise of the writ jurisdiction of this Court. Under the circumstances, the question of issuing any direction to the respondents to implement condition No.4.4(c) of the concession agreement dated 18.03.2004 also does not arise. It is open to the petitioners to work out their remedy before the respondent in accordance with law. Having regard to the averments made in the petition and the relief that is sought for in the petition, no ground is made out for exercise of the writ jurisdiction of this Court and accordingly, we hold that the writ petition is devoid of merit and pass the following Order:- The Writ Petition is dismissed.