IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 7610 of 2007(E) ----------------------------------- PETITIONER(S): ------------------------ 1. K.B.MOHANDAS, ADVOCATE, CIVIL LINES ROAD, THRISSUR-4. 2. P.D.VIJAYARAJAN, CHARTERED ACCOUNTANT, PATHALIL 67620, CHEMBUKKAVU ROAD, THRISSUR-20. BY MR.N.DHARMADAN, SENIOR ADVOCATE SMT.D.P.RENU RESPONDENT(S): ------------------------- 1. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 2. THE DIVISIONAL COMMERCIAL MANAGER, OFFICE OF THE COMMERCIAL BRANCH, THIRUVANANTHAPURAM. 3. THE STATION MANAGER, RAILWAY STATION, TRICHUR. R1 TO R3 BY ADV. ME.ALEXANDER THOMAS, SC,RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, ALONG WITH WPC NO. 3775 OF 2007 WPC NO. 7268 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7610/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SEASON TICKET ISSUED TO 2ND PETITIONER. P2:- COPY OF THE RELEVANT PORTION OF INDIA RAILWAY COACHING TARIFF. P3:- COPY OF THE OPRDER IN IA. 1283/06 IN CC. 983/06 DTD. 23.11.06 OF CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR. P4:- COPY OF THE ORDER IN EA. 20/07 IN IA. 1283/06 IN CC. 983/06 DTD. 17.1.07 OF CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR. P5:- COPY OF THE ORDER IN WPC. 3775/07 DTD. 2.2.07 OF THIS HONOURABLE COURT. P6:- COPY OF THE ORDER IN IA. 232/07 IN CC. 983/06 DTD. 5.2.07 OF CONSUMER DISPUTES REDRESSAL FORUM THRISSUR. P7:- COPY OF THE ORDER DTD. 2.2.07 ISSUED BY RAILWAY. P8:- COPY OF THE DELCARATION. R1(a):- COPY OF THE PRESS REPORT THAT APPEARED IN ''THE HINDU'' ON 19.3.07. IS ENCLOSED HEREWITH AS. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7610 OF 2007 (E) -------------------------------------------------- Dated this the 15th day of October, 2009 J U D G M E N T In this writ petition challenge is against Ext.P7 order dated 2.2.2007 issued by the respondents, conveying their decision to issue first class season ticket with the conditions mentioned therein. Counsel for the petitioner contends that the said order issued by the Thiruvananthapuram Division, is illegal as the Divisional lacks authority to issue the same. It is also contended that the said order has been issued to defeat the order dated 5.2.2007 issued by the Consumer Disputes Redressal Forum in C.C. No.983/06 filed by the petitioners. Yet another contention raised is that Ext.P7 order issued by the Thiruvananthapluram Division lacks jurisdiction because under Section 30 of the Railways Act it is only the Central Government which can issue orders in that nature. 2. Althoguh several contentions have been raised as above, it is pointed out on behalf of the respondents that the validity of Ext.P7 itself has been examined by this Court in Boban J. Olasa V. Souther Railway(2007(2) KLT 170). In that judgment holding WPC.No.7610/07 :2 : that the order is essentially one issued for implementation of Rule 242.1 of the Tariff Rules of the Railways, this court has upheld the said order. Petitioners are not parties to that judgment and it was therefore the first petitioner herein filed I.A.No.619/07 seeking review of the said judgment. The said I.A was considered by the learned single Judge and by order dated 6th August, 2009, the learned Judge rejected the said application, reiterating the correctness of the judgment. Therefore in view of the judgment in Boban J. Olasa's case and the order in I.A.No.619/07, this writ petition is only to be dismissed and I do so. (ANTONY DOMINIC) JUDGE vi/