Chennai: Holding that the writ petition filed by parents of Swathi, a techie, who was murdered at Numgambakkam railway station on June 24, 2016, seeking a compensation of Rs 3 crore from Southern Railway is maintainable, the Madras high court has directed the registry to number the petition and post it before the single judge as per roster for hearing.
A division bench comprising Justices K.K.Sasidharan and Justice P.Velmurugan allowed an appeal filed by A.Ranganayaki and K.Santhanagopalakrishnan, parents of Swathi, against a single judge, who dismissed their petition, after the registry raised a query with regard to maintainability of the petition in view of the availability of the alternative remedy viz Railway Claims Tribunal.
Pulling up the registry and setting aside the order of a single judge, the bench said the registry by returning the petition on the ground of maintainability virtually acted as the court and exercised judicial function. The registry has no authority to reject the petition on the ground of availability of alternative remedy. It was for the court to decide whether the petition should be entertained in a matter, in spite of alternative remedy. It was always open to the court to entertain the petition notwithstanding the alternative remedy available to the party. ‘We therefore hold that it is not within the province of the Registry to return the petition on the ground of alternative remedy. In the subject case, the action pertains to the public law domain and as such, the petition is maintainable before this court”, the bench added.
The bench said the appellants filed the petition for compensation against the railways. There was no point in directing them to approach the Railway Claims Tribunal. The tribunal was empowered to take up cases, in case the claim was less than Rs 8 lakh. The appellants claimed a sum of Rs 3 crore. It would not therefore be possible for the appellants to file a claim petition before the Railway Claims Tribunal, the bench added.
