Ashok Bhushan, A C.J.

1. All these Writ Appeals have been filed against the judgment dated 31.03.2014 of a learned Single Judge passed in W.P(C)No.13271 of 2011 and other connected Writ Petitions by which judgment all the Writ Petitions have been dismissed.

2. Writ Petition No.13271 of 2011 was treated as the leading Writ Petition by the learned Single Judge, Writ Appeal No.917 of 2014 arising out of Writ Petition No.13271 of 2011 is being treated as the leading Writ Appeal. Reference of pleadings in W.A. No.917 of 2014 shall suffice in deciding all the Writ Appeals. The appellants hereinafter are referred to as the Writ Petitioners and the respondents as the respective respondents arrayed in the Writ Petitions. The challenge in all the Writ Petitions was to the penal demurrage charges as notified by the respondents for the period from 2nd May 2011 to 31st July, 2011, rate Circular No.74 of 2005 as modified by the rate Circular dated 17.01.2008 including the consequential orders.

3. The facts giving rise to Writ Petitions are: The petitioners in (W.P(C) No.13271 of 2011) are the companies engaged in manufacture and sale of cements. Consignments of cements brought to the Goods sheds of Nileshwar, Valapattanam, Vadakara, Kallai West Hill, Tirur and Palakkad junction in railway wagons are unloaded by workers registered with the Kerala Headload Workers Board. The working hours of various Goods Sheds are from 6.00 a.m to 10.00 p.m. For unloading goods brought by railway wagons free time is allowed. At the relevant time free time allowed for a full rake was nine hours, for a mini rake of 20 wagons 5 hours and for a rake of 21 wagons 7 hours. On the expiry of free time, demurrage charges were being levied at the rate of Rs.100/- per wagon per hour. Demurrage charges are levied to ensure its speedy clearance and movement of railway wagons. By the rate Circular No.74 of 2005 dated 19.12.2005 issued in exercise of the powers under Section 30 of the Railways Act, 1989 rates of demurrage charges were fixed. One of the provisions in the said Circular provided that in case excessive congestion takes place at any terminal, the Chief Commercial Manager (CCM), Chief Operations Manager (COM) at the Zonal level and the Divisional Railway Manager (DRM) at the Divisional level can levy the demurrage charges progressively increasing the rate subject to a maximum of six times of the prevalent rate. In pursuance of the rate Circular, decisions were taken to levy penal charges from 02.05.2011 to 31.07.2011 in the progressive manner to the extent of six times of the normal rate. Notices were issued by the Station Masters and various Goods Shed Officers which have been annexed in the Writ Petitions as Exts.P4 to P10. The notices mentioned that charging of penal demurrage charges will be implemented to speed up releasing of wagons which mentioned that up to two hours normal demurrage charges shall be levied and from 2 to 4 hours three times of the normal charges and above 4 hours, six times of the normal demurrage charges. Petitioners, aggrieved by the said notices filed the Writ Petitions. Writ Petition was subsequently permitted to be amended to incorporate challenge to rate Circular No.74 of 2005 dated 19.12.2005 and the consequential order dated 29.11.2005, Exts.P11 and P12 respectively.

4. In the leading Writ Petition following are the reliefs which were claimed.

"(i) to issue a writ in the nature of certiorari, or other appropriate writ or order quashing Exhibits P4 to P10 communications of the respective respondents.

(ii) to issue a declaration that respondents 2 to 12 have absolutely no authority to require the petitioners, if occasions arise, to pay penal demurrage charges beyond Rs.100 which is the rate fixed by the Central Government.

(iii) to issue a writ in the nature of mandamus or other appropriate writ or order restraining respondents 2 to 12 from levying penal demurrage charges beyond Rs.100/- per wagon of the Indian Railways and