Constructive Civic Participation: Supreme Court Lauds Litigant For Pursuing Issue Concerning Railway Subway Completion & Relief For Commuters
The Supreme Court was considering a civil appeal filed by a litigant seeking expedited construction of a railway subway at Vaniyambadi.
Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court
Taking note of a long legal battle fought by a litigant concerning the completion of a railway subway at Vaniyambadi, the Supreme Court has appreciated his efforts and further observed that he consistently pursued the issue concerning Level Crossing No. 81 and the proposed grade-separated crossing, not for any personal benefit, but for securing relief for the residents and commuters.
The Apex Court was considering a civil appeal challenging the order of the Madras High Court disposing of a petition preferred by the appellant seeking directions to the respondents to expedite the construction of a Limited Use Subway in lieu of Level Crossing No. 81 at Vaniyambadi and to complete the same within a stipulated time frame.
The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta stated, “Before parting with the matter, we consider it appropriate to place on record our appreciation for the efforts made by the appellant. The record reflects that he has consistently pursued the issue concerning Level Crossing No. 81 and the proposed grade-separated crossing over several years, not for any personal benefit, but with the object of securing relief for the residents and commuters of Vaniyambadi.”
“These days, Writ Courts are frequently called upon to deal with proceedings styled as public interest litigations which, on closer scrutiny, do not advance any genuine public cause. The present matter stands on a different footing. The appellant has demonstrated how a vigilant and bona fide citizen can, through sustained and responsible engagement with public authorities and constitutional courts, draw attention to an issue affecting the community at large. Such constructive civic participation deserves acknowledgment”, it added.
Factual Background
The appellant is a resident of Vaniyambadi in Tirupattur District, Tamil Nadu. Level Crossing No. 81 is situated at Vaniyambadi between the Vaniyambadi and Kethandapatti Railway Stations, and the railway line divides the eastern and western parts of Vaniyambadi Town. The level crossing is used by a substantial number of residents and commuters for movement between the two sides of the town. The Government of Tamil Nadu, by G.O. (Ms.) No. 272 dated November 13, 2007, granted administrative sanction for construction of a Road Over Bridge (ROB) in lieu of Level Crossing No. 81 at an estimated cost of Rs 13 crore on a cost-sharing basis with the Southern Railway.
The appellant approached the High Court seeking commencement of the construction work or reopening of Level Crossing No. 81 for public use. During the pendency of those proceedings, the level crossing, which had earlier been closed, was reopened for public use. The said writ petition was ultimately disposed of. The proposal for construction of the RUB was thereafter pursued by the State Government and the Southern Railway.
The proposal for construction of the RUB was thereafter pursued and the land acquisition proceedings continued. A Limited Use Subway (LUS) was considered in place of the RUB. The appellant preferred a Petition seeking a direction to the respondents to expedite the construction of the LUS and to complete the same within a stipulated period. The appellant approached the Apex Court aggrieved by the disposal of the writ petition without any specific direction regarding completion of the project within a stipulated time frame.
Reasoning
On a perusal of the facts of the case, the Bench noted that the project, which remained under consideration in one form or another for a considerable period of almost 20 years, had progressed materially towards execution.
“We take the aforesaid statements and assurances of the respondents on record and expect the concerned authorities to proceed with the remaining steps with due expedition and in coordination with each other”, it stated.
The Bench appreciated the efforts made by the appellant after noting that he consistently pursued the issue concerning Level Crossing No. 81 with the object of securing relief for the residents and commuters of Vaniyambadi. He approached the authorities as well as the High Court on more than one occasion and continued to pursue the matter until the project reached its present stage.
The Bench thus disposed of the appeal by directing the Respodent Authorities to finish the work falling within their respective domains and file their respective compliance affidavits before the Court upon completion of the work.
Cause Title: Madurai Farooq Ahmed v. The Principal Secretary to Government & Ors. (Neutral Citation: 2026 INSC 903)