IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 7609 of 2007(E) ------------------------- PETITIONER(S): ------------------- S.SANTHI,PROPRIETRIX,APPOLLO PUBILCITY, JAGATHY,THIRUVANANTHAPURAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): ---------------------- 1. THE SOUTHERN RAILWAY,DIVISIONAL OFFICE, THIRUVANANTHAPURAM, REP. BY THE DIVISIONAL MANAGER. 2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER,SOUTHERN RAILWAY,DIVISIONAL OFFICE, COMMERCIAL BRANCH,THIRUVANANTHAPURAM. ADV. SRI.JAMES KURIAN, SC, RAILWAYS SRI.ALEXANDER THOMAS, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7609/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CONTRACT DATED 1.9.2006 NO.5/V/600/1600(B) TVC ENTERED BETWEEN 2ND RESPONDENT AND PETITIONER. EXT.P1(a): TRUE COPY OF THE CONTRACT DATED 13.07.2006 NO. V/577/1577(B) TVC ENTERED BETWEEN 2ND RESPONDENT AND PETITIONER. EXT.P1(b): TRUE COPY OF THE CONTRACT DATED NIL NO. NO.5/IX/138/238/P EXECUTED BETWEEN PETITIONER AND 2ND RESPONDENT. EXT.P1(c): TRUE COPY OF THE CONTRACT DATED NIL NO.5/299/1299/H/TVC EXECUTED BETWEENTHE 2ND RESPONDENT AND PETITIOENER THE 3RD RESPONDNET AND NUMBERED AS A3-2/06. EXT.P1(d): TRUE COPY OF THE CONTRACT DATED NIL NO.5/V/323/1323/H/TVC EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER. EXT.P1(e): TRUE COPY OF THE CONTRACT DATED NIL NO.5/265/1625/B/TVC EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER. EXT.P1(f): TRUE COPY OF THE CONTRACT DATED NIL NO.5/349/H/TVC/06 EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER. EXT.P1(g): TRUE COPY OF THE CONTRACT DATED 15.1.07 NO.5/635/1635/B/TVC EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER. EXT.P1(h) TRUE COPY OF THE CONTRACT DATED 25.10.06 NO.5/658/1658/B/TVC EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER. EXT.P2: TRUE COPY OF THE NOTICE PREDATED AS 13.9.06 ISSUED BY THE 2ND RESPONDENT NO.V/C.PUB.5/POLICY/TARIFF/06. EXT.P3: TRUE COPY OF THE NOTICE PREDATED AS 19.9.06 NO.V/C.PUB.5/600/1600/B ISSUED TO THE PETITIOENR RELATING TO EXT.P1 CONTRACT. EXT.P4: TRUE COPY OF THE NOTICE DT 7.2.07 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 7609 OF 2007 (E) ===================== Dated this the14th day of October, 2009 J U D G M E N T The prayer sought in this writ petition is to quash Ext.P2 and to declare that the petitioner is not bound to pay and that the respondents are not entitled to demand any amount as rental charges other than what has been agreed upon in Ext.P1 series or other contracts. 2. Petitioner submits that she had taken on rent spaces available in the premises of the Southern Railway for display of advertisement boards at rates as mutually agreed in Ext.P1 series of documents. It is stated that accordingly she canvassed business and sold the space to her customers. However, long thereafter, she was issued Ext.P2 dated 13th September, 2006 informing that rates have been revised by 10% from 1/10/2005 to 31/3/2006 and by 15% from 01/04/2006 onwards. On that basis, she was called upon to remit the arrears. That was followed by Exts.P3 and P4 demanding the amount and threatening that non payment will result in coercive action. It was thereupon the writ petition was filed. WPC 7609/07 :2 : 3. Evidently, Ext.P1 series of documents reflect concluded contracts between parties, and if so, unless there is an agreement between the parties enabling revision of rates with retrospective effect, there cannot be any revision of rates, muchless on a unilateral basis. 4. Nothing has been placed on record by the Railways to justify such retrospective levy. If that be so, the revision of rates effected by Ext.P2 referred to above cannot be made applicable to period prior to 13th September, 2006, the date of Ext.P2 or concluded contracts. If so, the demand as per Exts.P3 and P4 requiring the petitioner to remit the differential amount consequent on Ext.P2 cannot be sustained. Exts.P3 and P4 therefore will stand set aside. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE Rp