High CourtsDivision Bench(2018) 02 KL CK 0092

ACTION COMMITTEE FOR ANGAMALY & ORS. vs UNION OF INDIA & ORS.

High Court Of Kerala · Decided on 5 February 2018

HON’BLE JUDGES
Antony Dominic, Dama Seshadri Naidu
CASE NUMBER
40658 of 2017

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Judgment

14 paragraphs · 299 words
1.

This writ petition, filed in public interest, is in relation to the execution of work in connection with Sabari rail project.

2.

We heard the Counsel for the parties including the learned Standing Counsel for the Railways.

3.

From the pleadings in the writ petition we find that the petitioners'' complaint is that though the alignment for the railway line to Sabarimala was

initially fixed in 1998, attempts are being made to deviate from that alignment. However, today when the matter was taken, the request made by

the Senior Counsel for the petitioners was that the alignment, as fixed in the meeting convened by the Chief Minister of the State on 14.05.2013,

the Minutes of which is Ext.R4(1), should not be deviated. However, the counter affidavit filed by the Railways and the documents including the

Proposed Alternative Alignment indicated in Ext.R4(4) show that the definite case of the Railways is that it will execute the project strictly in

compliance with the alignment as approved in the Chief Minister''s Conference held on 14.05.2013. We also find from Ext.R4(2), issued by the

Chief Engineer on 07.12.2017 that the Railways have given strict instructions to the field Officials, that under no circumstance any deviation shall

be made from the alignment plan approved by the Government of Kerala in 2013 and shall complete the final location survey along with the

approved alignment, at the earliest. The above submissions made by the Standing Counsel for the Railways before us, shows beyond any doubt

that the Railways have no intention whatsoever to deviate from the alignment for the railway line to Sabarimala as approved on 14.05.2013.

4.

In such circumstances, the submissions made by the Railways would redress the grievance of the petitioners and therefore recording the

aforesaid submissions, we close this writ petition.