The principle of separation of powers and the limits of judicial powers in interfering with public projects and policies initiated by the government.

Subramonium Prasad, J.

Instant writ petition has been filed, by a resident of Kaivalliya Street, Villupuram, to direct the respondents, not to construct a staircase, on the service lane of Villupuram-Katpadi railway line, along side the railway over bridge, in Villupuram, on Tiruchy-Chennai Highways.

2. Relevant paragraphs in the writ petition reads as under:-

"3. I humbly submit that some 70 years back, a railway line came to be laid in this area to connect Villupuram with Katpadi, Vellore. The railway line, running north to south divided the area into eastern and western side of the railway track. A railway crossing was established with a railway gate to control the traffic across the railway line. The people in the locality including the petitioner had no problem to take the deity around their streets and carry the dead bodies to the burial ground, by crossing the railway track, through functional railway gates.

4. I humbly submit that in 2014, to ease the traffic in this particular railway crossing, the respondents decided to construct an over bridge over the track. At that time, the people of the locality approached the authorities orally requesting them not to hinder their movement across the railway track in permitted hours, so that they can take the deities in procession and move the dead bodies to the burial ground on the western side. It was accepted and till now, the people of the area are moving back and forth, across the railway track, from the eastern to western area and vice versa.

5. I humbly submit that while the facts being so, the construction of a staircase in the railway line has just been started, under NABARD scheme, to reach the over bridge by short cut. If such staircase is constructed, there will be no space to take out deities in car procession of the temples, which are situated just few meters from the spot of construction. It will be a great hardship for the people to carry the mortal remains to the burial/cremation ground on the western side of the railway track. The bier and procession for the last rituals cannot be taken over the stairways leading to the over bridge.

6. I humbly submit that expressing the concern of the people in the locality, some representatives including the petitioner approached the respondents and requested not to construct the staircase, which will affect the religious festivals, burials of the dead bodies and the daily movement of the people. On behalf of the people of the area, the petitioner has sent representations dated 27/7/2018 to the respondents in this regard. But without considering the representation of the petitioner, the respondents are proceeding with the construction work."

3. Petitioner has also filed the photographs along with the writ petition, to substantiate his case.

4. Heard Mr.Father Xavier Arul Raj, learned counsel for the petitioner and also perused the materials available on record.

5. Perusal of the writ petition would show that the resident of the Kaivalya Street, Villupuram, are challenging the construction of staircase, by the railways on the ground that it will affect their religious festival and burials of dead bodies and daily movement of people. Undoubtedly, the stair case is being constructed for the benefit of the people. It is quite obvious that before starting of the construction, views of the local bodies, highways, would have been taken and site would have been chosen only after due application of mind. Fact that the present location of stair case would cause a bit inconvenience to the local people, cannot be a ground to stall the entire project. When there is a public purpose for which action has been taken by the State, then it is not for the Court to sit on judgment of the executive as an appellate forum.

6. It is well settled that Courts cannot run Governments. The Hon'ble Supreme Court, had time and again, reminded that the Judges must not try to perform legislative or executive function.

7. In Narmada Bachao Andolan Vs. Union of I