High Court of KeralaWP(C)/23880/2015disposed of

Best Trading Company v. The Chief Goods Supervisor

2015-08-07Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23880 of 2015 (H) ------------------------------------------ PETITIONER(S) :

------------------------- BEST TRADING COMPANY, HAVING ITS ADMINISTRATIVE OFFICE AT XXV/1244/18, 1ST FLOOR, CHETTUPUZHA BUILDING, MARAR ROAD, THRISSUR-1, REPRESENTED BY ITS PROPRIETOR P.K.JALEEL.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S) :

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

1. THE CHIEF GOODS SUPERVISOR, SOUTHERN RAILWAY, RAILWAY GOODS SHED, OLLUR THRISSUR-680 306.

2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION- 695 001.

3. THE UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF RAILWAYS, CENTRAL SECRETARIAT, NEW DELHI-110 001. BY ADV. SRI.C.S.DIAS, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 23880 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1 : TRUE COPY OF THE RAILWAY RECEIPT DATED 14.07.2014. EXHIBIT P2 : TRUE COPY OF THE PAYMENT RECEIPT NO.429825. EXHIBIT P3 : TRUE COPY OF THE PAYMENT RECEIPT NO.429826 DATED 18.07.2015.

EXHIBIT P4 : TRUE COPY OF THE RULES REGARDING THE WAIVER OF DEMURRAGE AND WHARFAGE ISSUED BY THE INDIAN RAILWAY. EXHIBIT P5 : TRUE COPY OF THE WAIVER APPLICATION DATED 20.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.23880 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of Ext.P5 application filed by the petitioner before the 2nd respondent for waiver of the Demurrage and wharfage imposed on the consignment referred in Ext.P1. The application is seen filed on 20.07.2015. In such circumstance the 2nd respondent shall consider Ext.P5 and pass orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge