SIVAKUMAR SPINNING MILLS PVT LTD Vs. GENERAL MANAGER ADMINISTRATIVE SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner is a Private Limited Spinning Mill, manufacturing Cotton yarn. It is situated in survey Nos. 557-A, 558-A, 555-B and 559, Chatrampudhukulam Village, Thatchanallur, Tirunelveli District. At the time of filing of the Writ Petition, there were about 300 employees in the Mill. Originally, in the year 1953, Lakshmi Manure Works was functioning in the above said Survey Numbers, where the petitioner Mill is presently situated. The area abuts National Highway in the front. The only access to the petitioner Mill is from National Highway. In the year 1970, the said Lakshmi Manure Works was wound up and the petitioner-Spinning Mill was started.

(2.) The petitioner has further submitted that a Railway track runs through their land parallel to the National Highway. The land on both sides of the track in the above said survey Numbers belong to the petitioner. In the year 1953, when Lakshmi Manure Works proposed to set up Lakshmi Manure Works, there was no level crossing in front of the factory's entrance gates.

(3.) The petitioner has further submitted that the factory was approved by the Chief Inspector of Factories on 28.7.1953. To have access to Lakshmi Manure Works site, Railways was requested to provide a level crossing and accordingly, it was provided in the year 1953. An agreement was entered into between Southern Railway and Lakshmi Manure Works on 6.8.1953, to allow free access to vehicular traffic and other connected works. The cost towards laying of the level crossing was met by Lakshmi Manure Works. The annual maintenance cost of the unmanned level crossing was also borne by Lakshmi Manure Works and it is now paid by the petitioner.