IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 14806 of 2004(K) ----------------------------------------- PETITIONERS: ------------------------ 1. P.A.FAZIL, CLEARING AND FORWARDING AGENT, SOUTHERN RAILWAY, QUILON GOODS SHED, KOLLAM. 2. H.NOUSHAD, CLEARING AND FORWARDING AGENT, SOUTHERN RAILWAY, QUILON GOODS SHED, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, 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. BY ADV. SRI.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS - R1-R4 SRI.MURALEEDHARA KAIMAL, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14806/2004 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GATE PASS ISSUED BY THE 4TH RESPONDENT TO THE CONSIGNEES THROUGH THE 1ST PETITIONER. EXT.P1(A): COPY OF THE GATE PASS ISSUED BY THE 4TH RESPONDENT TO THE CONSIGNEES THROUGH 2ND PETITIONER. EXT.P2: COPY OF THE NOTICE DTD. 15/11/03 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONERS. EXT.P3: COPY OF THE OBJECTION DTD. 29/11/03 FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXT.P4: COPY OF THE SPECIMEN OF RAILWAY RECEIPT ISSUED BY THE RESPONDENTS. EXT.P5: COPY OF THE ORDER NO.V/C-613/WB/VOL-V DTD. 25/03/04 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. EXT.P6: COPY OF THE REPRESENTATION DTD. 23/04/04 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE NOTICE NO.OIN/WB/UC/2004 DTD. 7/05/04 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS THROUGH THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 14806 OF 2004-K ----------------------------------------- JUDGMENT The petitioners have approached this Court, challenging Exts.P2, P5 and P7. 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 gave 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 that interim order absolute. 20th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/