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| Circular number | No. SA/C-200/PDC/2011/02 |
|---|---|
| Date | 2014-09-17 |
| Type | Commercial Circular |
| Topic | train-services |
and wharfage charges for 1st May 2011 shall be
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.09.2014
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.12525 of 2011
and M.P.No. 2 of 2011
SUGUNA POULTRY FARM LIMITED
[ PETITIONER ]
12/9 III RD FLOOR SANTHOSHRAJ PLAZHA
SUBBURAMAN ST GANDHI NAGAR MADURAI 20
REP BY ITS MANAGER SUPPLY CHAIN MANAGEMENT
S. SHANMUGARAJA
Vs
1 THE GENERAL MANAGER
SOUTHERN RAILWAY CHENNAI 3
2 THE CHIEF COMMERCIAL MANAGER
SOUTHERN RAILWAY CHENNAI 3
3 THE ADDITIONAL DIVISIONAL
RAILWAY MANAGER SOUTHERN RAILWAY
SALEM DIVISION SALEM
4 THE SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY SALEM DIVISION SALEM
5 SENIOR COMMERCIAL CLERK
IRUGUR GOODS SHED SALEM DIVISION IRUGUR
[ RESPONDENTS ]
Prayer:-
Writ Petition filed under Article 226 of the Constitution of
India for the issuance of a writ of Certiorarified mandamus to call for
the records relating to the impugned notification dt 21.4.2011 in No.
SA/C-200/PDC/2011/02 on the file of the 4th respondent herein
quash the same as illegal and consequently forbear the respondents
herein in any manner from illegally collecting the demurage charges
and Wharfage charges pursuant to the demand of the 5th respondent
herein in her letter No.IGU/DC/G.Shed/RNR/1 dt 4.5.11
2
For Petitioner
: Mr.M.Sekar
For Respondents : Mr.P.T.Ramkumar
O R D E R
The petitioner has come forward with this writ petition
challenging the impugned notification dated 21.04.2011 of the 4th
respondent and consequently to forbear the respondents in any
manner from illegally collecting the demurage charges and Wharfage
charges pursuant to the demand of the 5th respondent made in letter
dated 04.05.2011.
2. According to the learned counsel for the petitioner the
petitioner company booked a consignment to transport 2643 tonnes
of maize on 28.04.2011 from Ranibennur (Karnataka) in a train load
(Rake consisting of 42 wagons) to Irugur of Salem Division under
Railway Receipt dated 28.04.2011. Further, according to the learned
counsel for the petitioner, the expected date of arrival of goods at
Irugur was on 02.05.2011 as the goods booked from Ranibennur to
Irugur or Tiruppur Goods Sheds normally takes four days to ply 754
kms. However, on verification, they came to know that the goods
arrived on 30.04.2011 at 23.30 hours. Further, according to him,
since 1st May, being a May day and that no workers would be
available, a request was made on 30.04.2011 that without paying any
demurrage charges for 30th and 1st, the goods may be permitted to
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be cleared by paying normal charges and that the goods would be
cleared on 02.05.2011. However, since the goods were not cleared
and the rake was placed at Irugur at 23.00 hours on 30.04.2011 and
released at 10.30 hours on 04.05.2011, demurrage charges for 87
hours was levied totalling Rs.21,56,625/- and by order dated
04.05.2011, the petitioner was asked to pay the same. According to
the learned counsel, the action of the respondents is contrary to
Section 30 of the Indian Railway Act, 1989, (hereinafter referred to as
the Act), which is extracted below:-
"30. Power to fix rates: (1) The
Central Government may, from time to time,
by general or special order fix, for the
carriage of passengers and goods, rates for
the whole or any part of the railway and
different rates may be fixed for different
classes of goods and specify in such order
the conditions subject to which such rates
shall apply.
(2) The Central Government may, by a
like order, fix the rates of any other charges
incidental to or connected with such carriage
including demurrage and wharfage for the
whole or any part of the railway and specify
in the order the conditions subject to which
such rates shall apply".
and as per the said section, the Central Government alone is
empowered to decide about the demurrage charges and the
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respondents have no po
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