Re-Opening Of Train Services- It Is For Rly Authorities To Decide As To What Extent Services Should Be Resumed: Madras High Court

Observing this, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy refrained from "recklessly directing regular train services".

The plea before the Court

The petitioner instituted the instant public interest litigation seeking a direction for regular passenger trains and suburban services to be resumed.

Court's observations

The Court noted that the petitioner may not have noticed that over the last week or so, the number of positive cases has gone up in the country.

"Though the situation in this State may not be as alarming as in some of the neighboring States, the number of positive cases now is about the figure which was in end-December or early-January last", observed the Court.

The Court also highlighted that in view of the increasing number of positive cases, the full re-opening of the Court that had been planned has been rolled back and physical hearings are not yet conducted in Court except in respect of urgent matters.

Significantly, the Court remarked,

"Since distancing protocol may not be possible to be maintained once suburban railways and passenger trains are resumed all over and the crowding at the railway stations cannot be avoided, no immediate direction need to be given."

In any event, the Court added that it is for the railway authorities to obtain expert advice before deciding how and to what extent the railways would be re-opened for travel.

Further, the Court also observed that it doesn't have the requisite expertise to decide on such matters.

Lastly, disposing of the plea the Court said that once the vaccination reaches near completion and the number of positive cases show the previous downward trend that continued till the beginning of this month, the petitioner may renew the prayer.

Case title - B. Ramkumar Adityan v. The Chairman, Railway Board and others [W.P.No.6756 of 2021]

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