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Dasarathapandian D v. State Rep by
W.P.(MD) No.3250 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD) No.3250 of 2023
and
W.M.P.(MD) No.3019 of 2023
S.Dhasarathapandian ... Petitioner -vs-
1.The State
rep.by the District Collector Virudhunagar
Viruthunagar District
2.The Divisional Railway Manager Southern Railway, Madurai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to convert the unmanned level crossing number No-LG-438 as manned level crossing with gate for the welfare of public and may consequently forbear the respondents from blocking existing pathway to burial ground in any manner.
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For Petitioner : Mr.C.Gangai Amaran for M/s.G.K.Chitradevi
For Respondents : Mr.P.Thilakkumar Government Pleader for R1 Mr.K.Govindarajan
Deputy Solicitor General of India assisted by
Mr.M.Karthikeya Venkatachalapathy for R2
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This writ petition has been filed seeking a direction to the respondents to convert the unmanned level crossing number No-LG-438 as a manned level crossing with gate for the welfare of the public and consequently to forbear the respondents from blocking the existing pathway leading to burial ground in any manner.
2. Pursuant to the direction issued by this Court on 07.07.2025, Ms.M.Praveena, Senior Divisional Engineer, Southern Railways, Madurai, is present before this Court today. A copy of the location of track crossing has also been placed before this Court.
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3. Learned Deputy Solicitor General of India appearing for the second respondent would submit that a subway has already been constructed in the subject place and the subject unmanned level crossing has been closed and therefore, the people in that locality are not crossing the unmanned level crossing.
4. In the counter affidavit filed by the second respondent, it has been stated that 111 numbers of unmanned level crossings having low Train Vehicle Unit (TVU) have been closed in the Madurai Division, in view of the increase of speed limit of trains and the safety of general public. The authorities concerned have closed the unmanned level crossings, mainly, on the ground that the visibility of trans for road users was found to be 400 Meters, which is considered as critical and inadequate visibility for road users at level crossing and in the instructions issued by the Railway Board regarding criteria for manning of unmanned level crossing, the visibility distance has been restricted to minimum 600 Meters for road users.
5. Based on the experts opinion, the Southern Railways has closed 111 unmanned level crossings in the Madurai Division and necessary
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subways have been constructed for the benefit of the people. Insofar as the subject unmanned level crossing is concerned, the same has been closed and a subway has also been constructed adjacent to the level crossing and therefore, this writ petition is absolutely misconceived. People are expected to use the subway for crossing the railway line. However, the second respondent shall ensure that the unmanned level crossings, which were used for several years by the people, are properly and visibly closed and necessary sign boards, fencing / wall are fixed for the benefit of the people and to avoid any untoward incidents.
6. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [S.S.Y., J.]
15.07.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No krk
To:
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The District Collector, Virudhunagar,
Viruthunagar District.
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S.M.SUBRAMANIAM, J.
and
S.SRIMATHY , J.
krk
W.P.(MD) No.3250 of 2023 and
W.M.P.(MD) No.3019 of 2023
15.07.2025
Page 6 of 6
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