Courts should resist from usurping powers of executive, HC says

Written By Unknown on Sabtu, 24 Agustus 2013 | 22.45

CHENNAI: The Madras high court has said courts should restrain and resist from usurping the powers of the executive, which are exclusively in its domain.

Dismissing a PIL which sought a direction to the Southern Railways to operate with additional coaches, the bench comprising acting Chief Justice RK Agrawal and Justice T Raja said courts should resist the temptation to usurp the powers of the executive.

The matter relates to a PIL filed by one Selvan seeking a direction to Southern Railways to operate a 12-coaches EMU car in morning from Thirumalpur to Chennai beach via Kancheepuram, Wallajabad, Palur, Chengleput, Tambaram, Guindy, Egmore and Chennai beach.

The court observed the decision regarding attachment of coaches and other such details should be under the ambit of the railways department. Such matters are dealt by the department on the technical inputs which it receives from the administration depending upon the financial, social and other considerations.

Counsel for railways, PT Ramkumar, pointed out an order of the Supreme Court in 2011 which had said courts are not justified in directing the railways to attach additional coaches and provide additional trains.

Concurring with the arguments, the bench dismissed the PIL.


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