Friday 12 February 2016
Wednesday 3 February 2016
PIL - Reg Non availability of TOILETS, Drinking water in Chennai Suburban Railway Stations
Affidavit of Satta Panchayat Iyakkam -Regarding Non availability of Toilets,Drinking water facility in chennai suburban Railway Stations
02-02-2016, Contact: 8754580274
02-02-2016, Contact: 8754580274
IN THIS HIGH COURT OF
JUDICATURE AT MADRAS
(Special original jurisdiction)
W.P.
No. 4146 Of 2016
Satta Panchayat Iyakkam (SPI)
Represented by its General
Secretary
No: 31, South West Boag Road,
T.Nagar, Chennai _600 017.
-------- Petitioner
Vs
Divisional Railway Manager,
Chennai Division, Southern
Railways,
Chennai-600 003
-------- Respondent
-------- Respondent
AFFIDAVIT OF THE
PETITIONER
I, Senthil
Arumugam alias Senthil Kumar, son of R.Arumugam, PAN CARD NO: APVPS9329G, Hindu,
aged about 38 years, functioning as General Secretary, Satta Panchayat Iyakkam,
having office at No: 31, South west boag Road, T. Nagar, Chennai – 17, do
hereby solemnly affirm and sincerely state as follows:-
1.
I am
the petitioner herein and the General Secretary of Satta Panchayat Iyakkam and
as such, I am well acquainted with the facts and circumstances of the case
& appearing as Party in Person to represent our case.
2.
I
state that I am approaching this Honourable court with the present PUBLIC INTEREST LITIGATION seeking
appropriate direction to the respondent to take immediate action to provide functional,
clean toilet and quality drinking water facilities in Chennai suburban Railway
stations.
3.
I
respectfully submit that our organisation Satta Panchayat Iyakkam, a civil
society movement is functioning to empower citizens and to ensure good
governance. We are running a public
service call center via which we help citizens to get their basic
rights/entitlements in Government Schemes. If we come across any public issues
via this call center or via our own field survey, we regularly bring the issue
to the concerned authority for action. Apart from empowering citizens we do
expose scams with evidential data. We
also voice for liquor prohibition in Tamil Nadu. We are regularly conducting Right to
Information Act(RTI) training programs to public. We are one of the organization
which continuously works for effective implementation of Right to Information
Act in letter and spirit in Tamilnadu. To
curb corruption, we are continuously insisting the
enactment of Lok Ayuktha and Right to Services(RTS) Act in Tamil Nadu.
4.
In Chennai Suburban Railway system more than 15 lakhs people travel on
daily basis. This is a very important transportation network for people live in
and around the city. More than 70
railway stations are there in this network. Except very few stations, all other stations
are not having functional, clean toilet
facility and quality drinking water facility. These facilities are very
essential for the lakhs of commuters. Particularly to women, children-and-elders.
5.
To bring the issue of non availability of toilets and drinking water
facility, we Satta Panchayat Iyakkam(SPI) conducted a detailed field survey on
09-11-2014 with 18member team split up into 3 teams. The survey results showed only 3 stations
were having functional toilets out of 47 stations that we covered for survey.
This detailed study report was sent to the concerned Railway authority on
14-11-2014 for immediate action. News about this was published in News Papers
also.
5.1 : Here is the summary of our survey report(taken on 09-11-2014):
5.1 : Here is the summary of our survey report(taken on 09-11-2014):
|
Route Name
|
Total Stations
|
Fully functional Toilets
|
Toilets in bad condition
|
NO TOILETS
(Locked or not usable) |
% of stations toilets
available
|
|
Velachery to Beach
|
18
|
1
|
1
|
16
|
11 %
|
|
Tambaram – Park
|
16
|
1
|
2
|
13
|
19 %
|
|
Avadi – Chennai Central
|
13
|
1
|
3
|
9
|
30 %
|
|
TOTAL STATIONS
|
47
|
3
|
6
|
38
|
20%
|
6. The above mentioned survey
revealed only 20% of the stations are having toilets that can be used (even
after including the toilets that are in bad shape). If we consider only the fully functional
toilets the percentage will go down to 6%.
7. Inspite our representation
which was sent on 14-11-2014 and consequent coverage published in Newspapers,
NO ACTION were taken by Railway officials to give the needed amenities.
8. After 14 months of our first
representation, we have sent a reminder on 12-01-2016. But no progress is seen
in railway station’s toilet, drinking water facility.
9. If the railway stations in Chennai metropolitan
city itself are in such a bad condition we afraid that the condition of
suburban and other railway station situated in 32 districts of Tamil Nadu will
be worst than these.
10.
It is
to be noted that “INDIAN RAILWAYS WORKS MANUAL 2000, Chapter IV, Section 403(MINIMUM
ESSENTIAL AMENITIES PASSENGER AMENITIES, STATIONS AND YARDS) classifies
Suburban Railway stations as “C” Category and clearly defines that basic
amenities like toilets, drinking water should be provided. Particularly, Annexture: 4.2 , 4.3, 4.4, 4.5
gives detailed explanation about the provision of passenger amenities.
11.
We
state that in the above circumstances we have no other immediate efficacious
alternative remedy except to invoke article 226 of the constitution of India to
come before this Hon’ble High court.
12.
I am
filing this writ petition as Public Interest Litigation and I respectfully
submit that I have no personal interest in this case. I am filing this petition on behalf of the
general welfare of the people of the State of Tamil Nadu.
13.
I
respectfully submit that I am filing this writ petition out of funds from Satta
Panchayat Iyakkam wherein I am functioning as General Secretary. I am getting an annual income of Rs.50000/-
via a part of house rent. I submit no Public Interest
Litigation has been filed anywhere on the same issue to my knowledge. The averments made in the writ petition are
based on my personal knowledge and information. I submit that i am ready to pay
the cost and abide by the condition ordered by this Hon’ble Court.
14.
I
respectfully submit that, this is our first writ petition for this subject and
no other similar or identical petition is filed by me in any court.
15.
To
check the latest status, we have surveyed few railway stations (Vyasarpadi, Thirisulam
& Thiruvanmiyur ) on 01-02-2016. We found either toilet facility is locked
or in unusable condition. It is evident that, railway officials have not taken serious
steps for our representation sent before 14 months.
16. GROUNDS:
16.1. Our representation dated 14-11-2014 followed by the reminder sent on 12-01-2016 requested the Railway officials to provide toilet, drinking water facilities in ALL stations of Chennai Suburban Railway stations. Till date, it is not implemented fully.
16.2. “INDIAN RAILWAYS WORKS MANUAL 2000” (Chapter IV, Section 403) and other rules framed after these manual, clearly defines that toilet, drinking water facility is an essential amenity to be provided to passenger. These rules were not followed & implemented by letter and spirit by the respondent.
16.1. Our representation dated 14-11-2014 followed by the reminder sent on 12-01-2016 requested the Railway officials to provide toilet, drinking water facilities in ALL stations of Chennai Suburban Railway stations. Till date, it is not implemented fully.
16.2. “INDIAN RAILWAYS WORKS MANUAL 2000” (Chapter IV, Section 403) and other rules framed after these manual, clearly defines that toilet, drinking water facility is an essential amenity to be provided to passenger. These rules were not followed & implemented by letter and spirit by the respondent.
17: PRAYER:
For the reasons stated above, we pray
that this Hon’ble court may be pleased to issue a Writ, Order or direction , in
the nature of a writ of Mandamus or any other writ, order or direction,
17.1: Directing the respondent to take appropriate
steps to provide functional, clean toilet and quality drinking water facilities
in all railway stations located in Chennai Suburban Railway system. Eventhough our scope of
field survey is Chennai Suburban railway stations, the problem of basic
amenities exist in all the railway stations in Tamilnadu. Hence the court
should consider to pass the order which will cover all the railway stations of
Tamilnadu.
When Government of India is vigorously driving “Swach Bharat Scheme” , the state of toilets in Chennai suburban Railway stations are a shame for India. If metro city is in this condition, what would be the condition of villages?
Your order should give new vigour to Railway officials to ensure basic amenities in stations as soon as possible. Also your order should give a strict message to erring officials who blatantly violate their work rules by not reporting the non-availability of amenities.
When Government of India is vigorously driving “Swach Bharat Scheme” , the state of toilets in Chennai suburban Railway stations are a shame for India. If metro city is in this condition, what would be the condition of villages?
Your order should give new vigour to Railway officials to ensure basic amenities in stations as soon as possible. Also your order should give a strict message to erring officials who blatantly violate their work rules by not reporting the non-availability of amenities.
Solemnly affirmed at Chennai on this
day of February 2016 and signed
BEFORE ME
His name in my presence
Senthil
Arumugam
Subscribe to:
Posts (Atom)