High Court of KeralaWP(C)/3618/2012dismissed

Penna Cement Industries Limited v. The Union Of India

2015-05-29Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 3618 of 2012 (B) --------------------------- PETITIONER :

------------------- PENNA CEMENT INDUSTRIES LIMITED THROUGH BRANCH OFFICE VAZHI POCK, NELLICODE POST, KOZHIKODE, REPRESENTED BY AUTHORISED SIGNATORY SRI.RAVIKUMAR K., AGED 48 YEARS BY ADVS.SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENTS :

----------------------

1. THE UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF RAILWAY, CENTRAL SECRETARIAT, NEW DELHI-110001.

2. THE DIVISIONAL RAILWAY MANAGER, SOURTHERN RAILWAY, PALAKKAD-678001.

3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, PALAKKAD-678001.

4. THE CHIEF GOODS SUPERVISOR, SOUTHER RAILWAY, RAILWAY GOOD SHED, KALLAI-673001, KOZHIKODE DISTRICT.

5. THE CHIEF GOODS SUPERVISOR SOUTHERN RAILWAY, RAILWAY GOOD SHED, TIRUR MALAPPURAM DISTRICT-676101.

6. THE CHIEF GOODS SUPERVISOR SOUTHERN RAILWAY, RAILWAY GOOD SHED VADAKARA, KOZHIKODE DISTRICT.

7. THE CHIEF GOODS SUPERVISOR SOUTHERN RAILWAY, RAILWAY GOOD SHED WEST HILL KOZHIKODE-673005.

BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS BY SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015 ALONG WITH WPC 3950/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3618 of 2012 (B) APPENDIX PETITIONER(S) EXHIBITS EXT.P1:

TRUE COPY OF THE COMMUNICATION DATED 7.2.2012. RESPONDENTS' EXHIBITS :

EXT.R3(1):

COPY OF THE CIRCULAR NO.TC-1/2005/201/2 DT 19/12/2005. EXT.R3(2):

COPY OF THE ADVANCE RATE NOTIFICTION NO. 2/2005 (GOODS NO.129) DT 29/12/2005.

//TRUE COPY// P.A. TO JUDGE bp

K. VINOD CHANDRAN, J.

===================== W.P.(C) Nos.3618 of 2012 - B & 3950 of 2012 - P ====================== Dated this the 29th day of May, 2015

J U D G M E N T

The petitioners in the above writ petitions are concerned with the enhanced penal demurrage charges demanded from them by the respondent Railways, for the delay in clearing the consignments by the petitioners and releasing the wagons. The similar issues as raised in the writ petitions were considered by this Court in W.A No. 917 of 2014 and connected cases, wherein, the operative portion is as below: "(1) The writ petitioners are permitted to make an application for waiver before the Station Manager/Goods Supervisor within 30 (thirty) days from today giving all details along with reasons and relevant records as necessary.

(2) Station Master/Goods Supervisor shall forward the application for waiver of demurrage charges to the Divisional Officer with his remark within 15 (fifteen) days of receipt of the application. (3) The Divisional officer shall take a decision

W.P.(C) Nos.3618 of 2012 - B & 3950 of 2012 - P on the waiver application considering the reasons and circumstances given by the writ petitioners in the waiver application. Consequential orders be issued thereafter. In case the writ petitioners are aggrieved by the said decision, they can prefer appeal to the higher authority."

In such circumstance, the above writ petitions are also disposed of in a similar manner reserving the right of the petitioners to move as per the aforesaid directions. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.