Title - Courts can’t take over executive’s powers, says Madras high court

CHENNAI: Courts should resist the temptation to usurp the powers of the executive, the Madras high court has said. Refusing to direct the Southern Railway to operate additional coaches in trains, the first bench comprising acting Chief Justice R K Agrawal and Justice T Raja said decisions in such matters are in the domain of the executive and courts can't interfere.The bench was passing orders recently on a PIL which sought a direction to the railways to operate a 12-car EMU train in mornings from Thirumalpur to Chennai Beach via Kancheepuram, Walajabad, Palur, Chengalpet, Tambaram, Guindy and Egmore.Dismissing the PIL filed by M Senthamizh Selvan, the bench said: "How many coaches should be attached, what types of coaches are to be attached, on which lines what trains should run, what should be their timings and frequency - these are all matters to be decided by the railway administration using technical inputs, depending upon financial, administrative, social and other considerations."

When the matter was taken up, P T Ramkumar, counsel for the railways, sought the dismissal of the PIL on the ground that a series of reliefs granted by the Madhya Pradesh high court in a similar petition seeking were reversed by the Supreme Court. Ramkumar said that in 2011, the apex court had held that the high court was not justified in asking the railways to provide additional trains, additional coaches, change of timings etc.

Due to limited number of rail engines and coaches available, the railway would have to distribute the available resources and rolling stock equitably, uniformly and appropriately, argued Ramkumar.

In his petition, Selvan submitted that the PIL was filed for a public cause, as a large number of students and staff of several educational institutions, the secretariat and courts stood to gain by the proposal.

How many coaches should be attached, what types of coaches are to be attached, on which lines what trains should run, what should be their timings and frequency - these are all matters to be decided by the railway administration using technical inputs, depending upon financial, administrative, social and other considerations

The court said the decision to provide more trains or coaches should be taken by the railway administration using technical inputs depending on financial and social conditions.