High Court Registry slammed for rejecting compensation plea of Swati’s kin

Setting aside the note sent by the registry rejecting their plea seeking compensation of Rs 3 crore from the railways citing maintainability since they ought to approach the railway tribunal instead, the division bench comprising Justice K K Sasidharan and Justice P Velmurugan said, “The Registry by returning the writ petition on the ground of maintainability virtually acted as the court and exercised judicial function. The Registry has no authority to reject the writ petition on the ground of availability of alternative remedy. It is for the court to decide whether the writ petition should be entertained in a matter, despite alternative remedy.” The bench further held, “The appellants filed the writ petition for compensation against the Railways. 

There is no point in directing the appellants to approach the Railway Claims  Tribunal. The Tribunal is empowered to take up cases, wherein the claim is less than Rs 8 lakh. The appellants have claimed a sum of Rs 3 crore. It would not therefore be possible for the appellants to file a claim petition before the Railway Claims Tribunal.” The bench then directed the registry to number the writ petition and post it before a single judge as per the present roaster. Swathi was murdered on June 24, 2016 while she was waiting for a train at Nungambakkam Railway Station. However, the youth, who allegedly murdered her committed suicide at Puzhal Prison, where he was lodged.