Kerala High Court
WP(C)/25621/2012 of K.A.JOSEPH Vs THE SOUTHERN RAILWAY on 31 December 2012
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) --------------------------- PETITIONERS: -------------------------- 1. K.A.JOSEPH (EX SERVICE) AGED 60 YEARS KIZHAVANA
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. KIZHAVANA HOUSE,KIZHAVANA ROAD,PERUMANNOOR KOCHI 682015.
2. K.A.LAWRENCE
KIZHAVANA HOUSE,KIZHAVANA ROAD,PERUMANNOOR KOCHI 682015. KOCHI 682015.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENTS:
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1. THE SOUTHERN RAILWAY REPRESENTED BY ITS GENERAL MANAGER,CHENNAI PIN 600008. REPRESENTED BY ITS GENERAL MANAGER,CHENNAI PIN 600008.
2. THE ASSISTANT DIVISIONAL ENGINEER SOUTHERN RAILWAY,ERNAKULAM,PIN 682016. SOUTHERN RAILWAY,ERNAKULAM,PIN 682016.
3. THE DIVISIONAL RAILWAY MANAGER(WORKS)
OFFICE OF THE DIVISIONAL RAILWAY MANAGER (WORKS) SOUTHERN RAILWAY,THYCAUD,THIRUVANANTHAPURAM 670014. SOUTHERN RAILWAY,THYCAUD,THIRUVANANTHAPURAM 670014.
4. THE DIVISIONAL ENGINEER (NORTH) THIRUVANANTHAPURAM,PIN 670014. 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:
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 CARBONCOMPANY (INDIA) LTD TO INDUSTRIES (COCHIN) COMBINED.
EXHIBIT-P4: TRUE COPY OF LETTER DATED 26.10.1953 OF MR.S.ROBERTS, SOUTHERNCIRCLE MANAGER OF MONSANTO CHEMICALS INDIA LTD., MADRAS ADDRESSED TOINDUSTRIES (COCHIN) COMBINE.
EXHIBIT-P5: TRUE COPY OF THE SALES TAX ASSESSMENT ORDER DATED 12.5.1980 OFSALES TAX OFFICER, CIRLE I, ERNAKULAM.
EXHIBIT-P6: TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 30.5.2007 INRESPECT OF INDUSTRIES (COCHIN) COMBINED, KIZHAVANA ROAD, KOCHI, ISSUED BYGENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ERNAKULAM.
EXHIBIT-P7: TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 2.9.2002 INRESPECT OF CHINOTA CHEMICAL (P) LTD.
EXHIBIT-P8: TRUE COPY OF THE RECEIPT DATED 31.3.1987 ISSUED BY CORPORATIONOF 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 LICENSEFEE IN RESPECT OF THE INDUSTRIAL UNIT IN BUILDING NO.27/534 BY THE 2NDPETITIONER 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 PETITIONERSBY CORPORATION OF COCHIN.
EXHIBIT-P12: TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 21.7.2012 ISSUED BYCORPORATION OF COCHIN.
EXHIBIT-P13: TRUE COPY OF REGISTRATION CERTIFICATE OF ESTEEM MARUTHI CAROF 2004 MODEL OWNED BY CHONOTA CHEMICALS.
EXHIBIT-P14: TRUE COPY OF THE REGISTRATION CERTIFICATE OF HONDA UNICORNMOTOR 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
EXHIBIT-P16: TRUE COPY OF THE PHOTOGRAPHS SHOING THE RAILWAY GATE,PETITIONERS' PROPERTY AND BUILDING AND THE IRON BARS ERECTED BY RAILWAYAUTHORITIES BLOCKING THE PASSAGE TO PETITIONER'S HOUSE AND INDUSTRIALUNITS.
EXHIBIT-P17: TRUE COPY OF THE NEWS REPORT IN DESABHIMANI DAILY DATED5.9.2012.
EXHIBIT-P18: TRUE COPY OF NEWS REPORT APPEARED IN MALAYALA MANORAMANEWS.COM DATED 17.9.2012.
EXHIBIT-P19: TRUE COPY OF NEWS REPORT DATED 11.9.2012 APPEARED IN NEWINDIAN EXPRESS.
EXHIBIT-P20: TRUE COPY OF NEWS REPORT DATED 11.9.2012 APPEARED IN DECCANCHRONICLE.
EXHIBIT-P21: TRUE COPY OF PETITION DATED 5.10.2012 OF THE PETITIONERS TO THERESPONDENTS.
EXHIBIT-P22: TRUE COPY OF LETTER DATED 9.10.2012 OF THE 5TH RESPONDENTADDRESSED TO THE PETITIONERS.
RESPONDENT'S EXHIBITS:-NIL
TRUE COPY
pms
P.S. to Judge
P.R. RAMACHANDRA MENON, J.
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Dated this the 31[st] December, 2012
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J U D G M E N T
The petitioners have approached this Court with thefollowing prayers:
“i) Call for the records leading to ExhibitP22 and quash the same by issuing a writof certiorari;
ii) issue a writ of mandamus or any otherwrit order or direction directing therespondents to consider Exhibit P21petition of the petitioners, remove theblockade in front of the petitioners' houseand industrial units by removing the railposts and allow motorable way to thepetitioners to take motor vehicles to andfrom their house and industrial units andallow continued and uninterrupted accessfrom the public road to the house andindustrial units of the petitioner;and iii) pass such other further orders as thisHonourable Court may be pleased togrant on the facts and circumstances ofthe case.
2. When the matter came up for consideration before this Court on 20.12.2012, the parties were directed to explore thepossibility of settlement . Accordingly, the matter was referredfor mediation . Now pursuant to the steps for mediation, it hasbeen reported as per the report dated 28.12.2012 that thematter has been settled and the position has been brought to thenotice of this Court by the Nodal Officer through the Registrar(Judicial). The terms of settlement are given below:
“1. Petitioners have agreed to file anapplication for Way Leave Facility beforeDivisional Railway Manager, SouthernRailway, Thycadu, Thiruvananthapuram-14 along with necessary application feeas early as possible.
2. The 5[th] respondent hereby agrees tosubmit the feasibility report, if called forby the Divisional Railway Manager, as expeditiously as possible on receipt ofsuch requisition.
3. The Divisional Railway Manager shallafter receipt of such feasibility report fromthe 5[th]respondent, consider theapplication of the petitioners, as per theprovisions of the Railway Act, relevantCodes and Manuals and dispose of theapplication in accordance with the law, asexpeditiously as possible.
4. The parties have agreed that the writpetition can be disposed of as per theterms and conditions of this settlement,without prejudice to their respective rightsand 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 theRailway as well, who submits that the same can be fixed as threemonths.
After hearing both the sides, the writ petition is disposed of,on the basis of the settlement as aforesaid, directing the parties
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to give effect to the terms of settlement within a period of three months.
P.R. RAMACHANDRA MENON, JUDGE.
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