In a writ petition challenging revised demurrage charges by Railways, the single judge closed the petition after noting that the issue was already disposed of by a Division Bench in intra-court appeals, permitting the petitioner to approach the higher authority as per those directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937
WP(C).No. 7507 of 2012 (K)
PETITIONER(S):
M/S. MADRAS CEMENTS LTD. RAMA MANDIRAM, RAJAPALAYAM, REP.BY P.VISWANAHTAN S/O.M.S.PANICKER, AGED 57 YEARS DEPUTY GENERAL MANAGER (MARTKETING)M/S.MADRAS CEMENTS LTD, 40/6955 D1 & D2, 3RD FLOOR, OMANA BUILDING JEWS STREET, PADMA JUNCTION, ERNAKULAM-682035
BY ADVS.SRI.P.B.SURESH KUMAR (SR.) SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR
RESPONDENT(S):
1. UNION OF INDIA REP.BY THE SECRETARY, MINISTRY OF RAILWAYS CENTRAL SECRETARIAT, NEW DELHI-1
2. THE DIVISIONAL RAILWAY MANAGER, PALAKKAD-678001
3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, PALAKKAD-678001
4. THE CHIEF GOODS SUPERVISOR NEELSHWAR RAILWAY GOODS SHED, NEELESHWAR KASARAGOD-673572
5. COMMERCIAL SUPERVISOR, SOUTHERN RAILWAY, VADAKARA RAILWAY GOODS SHED VADAKARA-673101
6. STATION SUPERINTENDENT, SOUTHERN RAILWAY, VALAPATTANAM, GOODS SHED VALAPATTANAM, KANNUR-670010
R BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS R BY SRI.C.S.DIAS,SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7507 of 2012 (K)
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P3:TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER IN RESPECT OF ITS GOODS SHED AT VALAPATTNAM DTD 20/3/2012
EXT.P4:TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC NO 32924/2011 DTD 9/12/2011
RESPONDENTS' EXHIBITS NIL
//TRUE COPY//
PA TO JUDGE
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ANIL K.NARENDRAN, J
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W.P.(C.)No.7507 Of 2012
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DATED THIS THE 10th DAY OF DECEMBER, 2015
JUDGMENT
The petitioner has approached this Court seeking the
following reliefs.
W.P.(C.)No.7507 Of 2012
2
in the circumstances of the case.
learned Standing Counsel for the Railways.
Today, when the matter came up for hearing, it was submitted by both sides that the matter in issue has been considered by a Division Bench of this Court in intra court appeals, i.e., WA No.917/2014 & connected cases. A certified copy of the judgment dated 03.09.2014 in the aforesaid writ appeals was made available for perusal. The writ appeals were disposed of as under:
W.P.(C.)No.7507 Of 2012
3
aggrieved by the said decision, they can prefer appeal to the higher authority.”
In the light of the above, the writ petition is closed, permitting the petitioner to move as per the aforesaid direction.
Sd/ANIL K.NARENDRAN JUDGE
//TRUE COPY//
PA TO JUDGE
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2 issues framed by the court
Whether the writ petition is maintainable in view of the procedural directions issued in intra-court appeals.
Whether the High Court should quash the communications regarding revised demurrage charges.
M/s. Madras Cements Ltd.
Union of India
Divisional Railway Manager, Palakkad
Senior Divisional Commercial Manager, Palakkad
Chief Goods Supervisor Neelshwar Railway Goods Shed
Commercial Supervisor, Southern Railway, Vadakara
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
