IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 8580 of 2005(U) ------------------------------------ PETITIONER: ------------------ 1. P.A.FAZIL, CLEARING AND FORWARDING AGENT, SOUTHERN RAILWAY, QUILON GOODS SHED, KOLLAM. 2. H.NOUSHAD, CLEARING AND FORWARDING AGENT, SOUTHERN RAILWAY, QUILON GOOD SHED, KOLLAM. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAY, RAIL BHAVAN, NEW DELHI. 2. THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL OFFICE COMMERCIAL BRANCH, THIRUVANANTHAPURAM-14. 4. THE CHIEF GOODS SUPERVISOR, SOUTHERN RAILWAY GOODS SHED, CHINNAKADA, KOLLAM. ADV. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS FOR R1 TO R4 SRI. N.B.SUNIL NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.8580 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T Petitioners approached this court, challenging Exts.P1 and P2. They are notices issued, demanding additional freight charges, on the ground that certain consignments are found to be having excess weight, after those consignments were cleared. The petitioners are only clearing and forwarding agents. Either the consignor or the consignee can be made liable and not the petitioners, it is submitted. While admitting the writ petition, this court passed an interim order, staying those notices, but giving the Railways liberty to proceed against the consignor/consignee. Having regard to the facts of the case, no further orders are required in this writ petition. Accordingly, it is disposed of making the interim order absolute. Petitioners are free to revoke bank guarantee. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.8580 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.