Kerala High Court
K.A.Joseph (Ex Service) Aged 60 Years vs The Southern Railway
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 25621 of 2012 (C)
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PETITIONERS:
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1. K.A.JOSEPH (EX SERVICE) AGED 60 YEARS
KIZHAVANA HOUSE,KIZHAVANA ROAD,PERUMANNOOR
KOCHI 682015.
2. K.A.LAWRENCE
KIZHAVANA HOUSE,KIZHAVANA ROAD,PERUMANNOOR
KOCHI 682015.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENTS:
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1. THE SOUTHERN RAILWAY
REPRESENTED BY ITS GENERAL MANAGER,CHENNAI
PIN 600008.
2. THE ASSISTANT DIVISIONAL ENGINEER
SOUTHERN RAILWAY,ERNAKULAM,PIN 682016.
3. THE DIVISIONAL RAILWAY MANAGER(WORKS)
OFFICE OF THE DIVISIONAL RAILWAY MANAGER (WORKS)
SOUTHERN RAILWAY,THYCAUD,THIRUVANANTHAPURAM 670014.
4. THE DIVISIONAL ENGINEER (NORTH)
THIRUVANANTHAPURAM,PIN 670014.
5. SECTION ENGINEER
SOUTHERN RAILWAY,ERNAKULAM,PIN 682016.
R1 TO 5 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX(WPC NO.25621/2012)
PETITIONERS' EXHIBITS
EXHIBIT-P1: TRUE COPY OF REGISTERED SALE DEED OF EDAVAM 13,1121 ME.
EXHIBIT-P2: TRUE COPY OF THE REGISTERED SALE DEED DATED 23 DHANU 1123 M
EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 30.9.1953 OF NATIONAL CARBON
COMPANY (INDIA) LTD TO INDUSTRIES (COCHIN) COMBINED.
EXHIBIT-P4: TRUE COPY OF LETTER DATED 26.10.1953 OF MR.S.ROBERTS, SOUTHERN
CIRCLE MANAGER OF MONSANTO CHEMICALS INDIA LTD., MADRAS ADDRESSED TO
INDUSTRIES (COCHIN) COMBINE.
EXHIBIT-P5: TRUE COPY OF THE SALES TAX ASSESSMENT ORDER DATED 12.5.1980 OF
SALES TAX OFFICER, CIRLE I, ERNAKULAM.
EXHIBIT-P6: TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 30.5.2007 IN
RESPECT OF INDUSTRIES (COCHIN) COMBINED, KIZHAVANA ROAD, KOCHI, ISSUED BY
GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ERNAKULAM.
EXHIBIT-P7: TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 2.9.2002 IN
RESPECT OF CHINOTA CHEMICAL (P) LTD.
EXHIBIT-P8: TRUE COPY OF THE RECEIPT DATED 31.3.1987 ISSUED BY CORPORATION
OF COCHIN IN RESPECT OF THE INDUSTRIAL UNIT IN BUILDING NO.27/534.
EXHIBIT-P9: TRUE COPY OF THE RECEIPT DATED 16.12.1989 FOR PAYENT OF LICENSE
FEE IN RESPECT OF THE INDUSTRIAL UNIT IN BUILDING NO.27/534 BY THE 2ND
PETITIONER TO CORPORATION OF COCHIN.
EXHIBIT-P10: TRUE COPY OF THE REGISTRATION ISSUED BY THE GENERAL MANAGER,
DISTRICT INDUSTRIES CENTRE, ERNAKULAM IN RESPECT OF CHINOTA CHEMICALS (P)
LTD.
EXHIBIT-P11: TRUE COPY OF THE PERMIT DATED 5.5.2011 ISSUED TO THE PETITIONERS
BY CORPORATION OF COCHIN.
EXHIBIT-P12: TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 21.7.2012 ISSUED BY
CORPORATION OF COCHIN.
EXHIBIT-P13: TRUE COPY OF REGISTRATION CERTIFICATE OF ESTEEM MARUTHI CAR
OF 2004 MODEL OWNED BY CHONOTA CHEMICALS.
EXHIBIT-P14: TRUE COPY OF THE REGISTRATION CERTIFICATE OF HONDA UNICORN
MOTOR CYCLE HAVING REGISTRATION NO.KL-07-AY 83.
EXHIBIT-P15: TRUE COPY OF THE SKETCH SHOING THE PETITIONERS PROPERTY,
HOUSE, INDUSTRIAL UNITS AND THE NEARBY ROADS AND RAILWAY TRACKS.
CONTD..2
--2--
EXHIBIT-P16: TRUE COPY OF THE PHOTOGRAPHS SHOING THE RAILWAY GATE,
PETITIONERS' PROPERTY AND BUILDING AND THE IRON BARS ERECTED BY RAILWAY
AUTHORITIES BLOCKING THE PASSAGE TO PETITIONER'S HOUSE AND INDUSTRIAL
UNITS.
EXHIBIT-P17: TRUE COPY OF THE NEWS REPORT IN DESABHIMANI DAILY DATED
5.9.2012.
EXHIBIT-P18: TRUE COPY OF NEWS REPORT APPEARED IN MALAYALA MANORAMA
NEWS.COM DATED 17.9.2012.
EXHIBIT-P19: TRUE COPY OF NEWS REPORT DATED 11.9.2012 APPEARED IN NEW
INDIAN EXPRESS.
EXHIBIT-P20: TRUE COPY OF NEWS REPORT DATED 11.9.2012 APPEARED IN DECCAN
CHRONICLE.
EXHIBIT-P21: TRUE COPY OF PETITION DATED 5.10.2012 OF THE PETITIONERS TO THE
RESPONDENTS.
EXHIBIT-P22: TRUE COPY OF LETTER DATED 9.10.2012 OF THE 5TH RESPONDENT
ADDRESSED TO THE PETITIONERS.
RESPONDENT'S EXHIBITS: - NIL
TRUE COPY
pms P.S. to Judge
P.R. RAMACHANDRA MENON, J.
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W.P. ) No.25621 OF 2012
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Dated this the 31st December, 2012
J U D G M E N T
The petitioners have approached this Court with the following prayers:
"i) Call for the records leading to Exhibit P22 and quash the same by issuing a writ of certiorari;
ii) issue a writ of mandamus or any other writ order or direction directing the respondents to consider Exhibit P21 petition of the petitioners, remove the blockade in front of the petitioners' house and industrial units by removing the rail posts and allow motorable way to the petitioners to take motor vehicles to and from their house and industrial units and allow continued and uninterrupted access from the public road to the house and industrial units of the petitioner;
and W.P. ) No.25621 OF 2012 2
iii) pass such other further orders as this Honourable Court may be pleased to grant on the facts and circumstances of the case.
2. When the matter came up for consideration before this Court on 20.12.2012, the parties were directed to explore the possibility of settlement . Accordingly, the matter was referred for mediation . Now pursuant to the steps for mediation, it has been reported as per the report dated 28.12.2012 that the matter has been settled and the position has been brought to the notice of this Court by the Nodal Officer through the Registrar (Judicial). The terms of settlement are given below:
"1. Petitioners have agreed to file an application for Way Leave Facility before Divisional Railway Manager, Southern Railway, Thycadu, Thiruvananthapuram- 14 along with necessary application fee as early as possible.
2. The 5th respondent hereby agrees to submit the feasibility report, if called for by the Divisional Railway Manager, as W.P. ) No.25621 OF 2012 3 expeditiously as possible on receipt of such requisition.
3. The Divisional Railway Manager shall after receipt of such feasibility report from the 5th respondent, consider the application of the petitioners, as per the provisions of the Railway Act, relevant Codes and Manuals and dispose of the application in accordance with the law, as expeditiously as possible.
4. The parties have agreed that the writ petition can be disposed of as per the terms and conditions of this settlement, without prejudice to their respective rights and contentions"
3. The learned Counsel for the petitioners submits that a time limit may be fixed so as to give effect to the settlement, which was not opposed by the learned Standing Counsel for the Railway as well, who submits that the same can be fixed as three months.
After hearing both the sides, the writ petition is disposed of, on the basis of the settlement as aforesaid, directing the parties W.P. ) No.25621 OF 2012 4 to give effect to the terms of settlement within a period of three months.
P.R. RAMACHANDRA MENON, JUDGE.
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