The Chief Commercial Manager, … vs Jayakrishna Enterprises, A … on 20 June, 2005

Madras High Court
The Chief Commercial Manager, … vs Jayakrishna Enterprises, A … on 20 June, 2005
Author: M Katju
Bench: M Katju, F I Kalifulla


Markandey Katju, C.J.

1. This writ appeal has been filed against the impugned judgment of the learned single Judge dated 24.3.2005. Heard the learned counsel for the parties.

2. Without going into the merits of the case, we are of the opinion that the writ petitioner has an alternative remedy of approaching the Railway Rates Tribunal under Section 36 of the Railways Act. If the writ petitioner files a petition before the Railways Rates Tribunal within one month from today the same will be entertained without raising any objection as to limitation and shall be decided within three months thereafter. Till the disposal of the matter by the Tribunal the impugned judgment shall remain stayed.

3. Learned counsel for the writ petitioner also submitted that certain goods are still lying in the yard of the railway and he wishes to remove the same. In connection with those goods the writ petitioner can make a suitable application for interim orders before the Railway Rates Tribunal and the Tribunal shall pass such appropriate orders thereon in accordance with law as it deems fit expeditiously.

4. With the above observation this writ appeal is disposed off on the ground of alternative remedy before the Tribunal. The Tribunal will decide the matter without being influenced by the judgment of the learned single Judge. No costs. Consequently WAMP No. 1680 of 2005 is closed.

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