Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE4H DAY OF MARCH201413TH PHALGUNA, 1935 WP(C).No. 26746 of 2009 (K) ---------------------------- PETITIONERS: ----------- 1. KOTTAYAM RAILWAY GOODS SHED CONTRACTORS ASSOCIATION, VENTHETTU BUILDINGS, OZTHATHIL ROAD, KOTTAYAM686001, REPRESENTED BY ITS SECRETARY, MR. DILEEP R. KAMATH.
2. DILEEP R. KAMATH.,PROPRIETOR, SREE VENKITESWARA AGENCIES, ITC COMPOUND, VIJAYAPURAM BUILDINGS, GOODS SHED ROAD, KOTTAYAM. BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY SMT.RASHMI RAVINDRAN RESPONDENTS: ----------- 1. THE RAILWAY BOARD REPRESENTED BY ITS CHAIRMAN, RAIL BHAVAN, NEW DELHI-110001.
2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY , THYCAUD, THIRUVANANTHAPURAM - 695001.
3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM-695001.
4. THE CHIEF GOODS SUPERVISOR, SOUTHERN RAILWAY, KOTTAYAM GOODS, SHED KOTTAYAM -686001 5. THE STATION MANAGER, SOUTHERN RAILWAY, KOTTAYAM.
6. KOTTAYAM DISTRICT HEADLOAD & GENERAL WORKERS ASSOCIATION (CITU), REG. NO. 131/170 CITU UNION OFFICE, NEAR RAILWAY GOODS SHED, KOTTAYAM REPRESENTED BY THE SECRETARY, MR. K.P. SUGUNAN-686001 WP(C).No. 26746 of 2009 (K) 7. KERALA HEADLOAD WORKERS WELFARE BOARD, KOTTAYAM LOCAL COMMITTEE, CVB JUBILEE BUILDING, THIRUNAKKARA, KOTTYAM-01 REP. BY ITS CHAIRMAN. R1 TO R5 BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS R7 BY ADVS. SRI.KOSHY GEORGE, SC, KHLWWB SRI.JOY GEORGE, SC, KHWWB R BY SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0403-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 26746 of 2009 (K) APPENDIX RESPONDENT'S EXHIBITS : P1: COPY OF THE LETTER DT109/2009. P2: COPY OF THE REQUEST DT199/2009. P3: COPY OF THE REPRESENTATION DT209/2009. P4: COPY OF THE COMMUNICATION DT199/2009, ISSUED BY THE R4. P5: COPY OF THE CIRCULAR NO. 74/2005 DT1912/2005. P6: COPY OF THE CONSEQUENTIAL NOTIFICATION DT2912/2005 ISSUED BY THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY, CHENNAI RESPONDENT'S EXHIBITS : EXT.R1: COPY OF THE CIRCULAR NO.TC12005/201/2 DT1912/2005 ISSUED AS RATE CIRCULAR742005. EXT.R2: COPY OF THE ADVANCE RATE NOTIFICATION NO. 12/2005 (GOODS NO. 129/2005 DT2912/2005) //TRUE COPY// P.A. TO JUDGE BP P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No.26746 OF2009......................................................................... Dated this the 4th March, 2014
JUDGMENT
The petitioners have approached this Court with the following prayers : i) To issue a writ in the nature of certiorari or such other writ, order or direction, calling for the records leading to Ext. P4 communication and to quash the same; ii) To issue a Writ in the nature of mandamus or such other writ, direction or order, commanding the respondents 1 to 5 not to demand Demurrage charges or wharfage charge over the goods brought in wagons to Kottayam Railway Goods shed by the members of the 1st petitioner association including the 2nd petitioner on 20th and 21st September 2009; iii) issue a writ in the nature of Mandamus or such other writ, direction or order declaring that the members of the 1st petitioner association including the 2nd petitioner are entitled for waiver of Demurrage and wharfage charges in respect of the goods arrived at the Kottayam Railway Goods shed on 20th and 21st of September 2009 and which were not cleared on those dates; iv) declare that the enhancement of Demurrage charges at Kottayam Railway W.P.(C)No.26746 OF20092 Goods shed by doubling the existing rates is arbitrary, illegal and ultravires of the provisions of the Railways Act, 1989; v) declare that the wharfage charge cannot be demanded in respect of the goods kept in the wagons; vi) award cost of these proceedings to the petitioners vii) grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; vii(a) to issue a writ in the nature of Certiorari or such other writ, direction or order calling for the records leading to Exts.P5 and P6 and to quash the same." 2. The learned counsel for the petitioners submits that the grievance is with regard to non-consideration of Ext. P3 representation seeking for the benefit of waiver of demurrage charges sought to be imposed upon the petitioners because of the delay in clearing the goods. The learned counsel for the petitioners submits that the delay in clearing the goods was never wilful, but because of various compelling circumstances. It is stated that when the goods reached the destination, there was scarcity of labourers to be deployed for unloading, because of the W.P.(C)No.26746 OF20093 nation wide strike of Labourers on those days. The learned counsel for the petitioners submits that the petitioners have already projected their grievance by way of Ext. P3, which is pending consideration before the 3rd respondent/Sr.Divisional Commercial Manager and that the petitioners will be satisfied, if a direction is given to the said respondent to consider and pass appropriate orders on Ext. P3 and the supplementary representation proposed to be filed, within a reasonable time.
3. Heard the learned standing counsel for the respondents as well.
4. In the said circumstances, the writ petition is disposed of, directing the third respondent/Sr.Divisional Commercial Manager/competent authority to consider and pass appropriate orders on Ext.P3 and the supplementary representation, if any, at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. The petitioners shall file supplementary representation, if any, within two weeks from the date of receipt of a copy of this judgment. The steps pursued, pursuant to the interim order dated 23.09.2009 passed by this W.P.(C)No.26746 OF20094 Court, will be subject to the outcome of the order to be passed by the competent authority as aforesaid. P.R.RAMACHANDRA MENON JUDGE lk