IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28799 of 2009(T) -------------------------------------- PETITIONER: ------------------- M/S.PARISONS ROLLER FLOUR MILLS PVT.LTD, REGD.OFFICE.6/1183, CHEROOTY ROAD, KOZHIKODE-673 032, REPRESENTED BY ITS DIRECTOR. BY ADV. MR.C.P.MOHAMMED NIAS. RESPONDENTS: ------------------------ 1. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, PALAKKAD. 2. THE STATION MASTER, WEST HILL RAILWAY STATION, WEST HILL, KOZHIKODE. 3. KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, KOZHIKODE, REPRESENTED BY ITS CHAIRMAN. R1 & R2 BY MR.N.B.SUNIL NATH,S.C, RAILWAYS, R3 BY MR. KOSHY GEORGE, S.C, KHLWWB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 28799 of 2009 - T ---------------------------------------- Dated 13rd October, 2009 Judgment Heard Sri.Mohammed Nias C.P., the learned counsel appearing for the petitioner, Sri.N.B.Sunil Nath, the learned standing counsel appearing for respondents 1 and 2 and Sri.Koshy George, the learned standing counsel appearing for the third respondent. 2. The petitioner purchased one full rake (42 wagons) of wheat from Dathia in the State of Gujarat. The said consignment was transported to West Hill Railway Station, Kozhikode where it reached on 1.10.2009. In view of the difference in the height between the floor of the wagon and the platform, the entire wheat could not be unloaded in time. Due to the said reason, the goods could not be unloaded fully. It is stated that as on today, 16 wagons still remain to be unloaded. Due to the delay in unloading the goods from the premises of the West Hill Railway Station, the petitioner will have to pay demurrage charges. The petitioner therefore moved the first W.P.(C) No.28799/2009 2 respondent by submitting Ext.P5 representation seeking waiver of demurrage charges. In this writ petition, the petitioner seeks a writ in the nature of mandamus directing the respondents to consider the request made by them in Ext.P5 representation and to take a decision thereon expeditiously. 3. The question whether the request made by the petitioner merits acceptance or not having regard to the fact that on account of the difference in height between the platform and floor of the wagon, goods cannot be easily unloaded from West Hill Railway Station, Kozhikode, is a matter for the first respondent to decide. The first respondent should be aware of the factual situation obtaining in the West Hill Railway Station. He can easily ascertain whether the statement made by the petitioner in Ext.P5 and in this writ petition is factually correct. If what the petitioner states is correct, it is a good ground for the petitioner to seek waiver of demurrage charges, either in whole or in part. However, I am not pronouncing on the said aspect of the matter. Since the goods are even now lying unloaded, I am of the opinion that W.P.(C) No.28799/2009 3 the first respondent should consider the request made by the petitioner in Ext.P5 representation expeditiously. 4. The learned counsel appearing for the third respondent submitted that in view of the difference in height between the platform and the floor of the wagon, the workers cannot unload the goods safely and that a large number of accidents had happened. He submitted that due to this, there is considerable delay in unloading goods that arrive in the West Hill Railway Station. He further submitted that the workers are not responsible for the delay and that the delay has arisen on account of the inadequate facilities to unload goods in the West Hill Railway Station. I accordingly dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P5 and to take a decision thereon expeditiously and, in any event, within one week from the date on which the petitioner produces a certified copy of this judgment along with a copy of this writ petition before him. P.N.RAVINDRAN Judge vaa