The Madras Excessive Court on Monday directed its Registry to snatch on file a writ petition filed by the fogeys of S. Swathi, a 24-365 days-used techie who modified into once hacked to dying on the Nungambakkam Railway Web page online right here on June 24 final 365 days, seeking compensation of ₹3 crore from Southern Railway.
Permitting a writ allure most neatly-most neatly-liked collectively by A. Ranganayaki and K. Santhanagopalakrishnan, a Division Bench of Justices K.K. Sasidharan and P. Velmurugan came down heavily on the Registry for refusing to number their writ petition on the bottom of availability of different clear up.
“The Registry, by returning the writ petition on the bottom of maintainability, in relation to acted as the court docket and exercised judicial feature. It has no authority to reject the writ petition on the bottom of availability of different clear up. It is for the court docket to assume whether the writ petition will fill to be entertained in a matter regardless of different clear up. It is continuously open to the court docket to entertain the writ petition notwithstanding the different clear up on hand to the occasion. We, therefore, sustain that it’s miles never at some level of the province of the Registry to return the writ petition on the bottom of different clear up,” the Division Bench seen.
Preserving that a single make a selection of the Excessive Court modified into once moreover no longer staunch in accepting the refusal of the Registry to number the writ petition, the Bench pointed out that the petitioners will likely be asked to avail the different clear up of coming near near the Railways Claims Tribunal simplest in the occasion they’d claimed a compensation of no longer as a lot as ₹8 lakh. “There isn’t any longer any such thing as some extent in directing the appellants to attain the Railway Claims Tribunal. The Tribunal is empowered to snatch in cases where the claim is no longer as a lot as ₹8 lakh. The appellants fill claimed a sum of ₹3 crore. It would, therefore, no longer be that it’s possible you’ll perhaps perhaps factor in for the appellants to file a claim petition sooner than the Railway Claims Tribunal,” the Bench added.
Authoring the judgment for the Bench, Mr. Justice Sasidharan stated: “There’s a certain distinction between ‘public law’ and ‘deepest law.’ It is the dispute between the citizen on the one hand and the Screech or other public our bodies on the different, which is resolved in a dispute filed underneath public law.
“Public law claim is entertained to sustain the rule of law and to prevent the Screech or public our bodies from acting in an arbitrary device or in violation of the rule. It is continuously open to the constitutional court docket to glance the actions of the Screech in the occasion that they pertain to the public law domain. Equally, the court docket would refrain from examining the motion in the occasion that they pertain to the sphere of deepest law.”
He moreover recalled that the Supreme Court, whereas coping with a case related to compensation for a foreign national, who modified into once gangraped by workers of Jap Railways on the Yatri Niwas in Howrah railway device, had held that even contractual matters would be amenable to the writ jurisdiction of the Excessive Court underneath Article 226 of the Structure.