V.RATNAM
The State Of Tamil Nadu, Represented By The District Collector – Appellant
Versus
The Union Of India (UOI), Represented By The General Manager, Southern Railway – Respondent
V. Ratnam, J.
1. An interesting question involving the interpretation of Article 131 of the Constitution of India arises in this civil revision petition. The suit, S.C.S. No. 75 of 1976, Sub-Court, Tiruchirapalli, was instituted by the petitioner, the State of Tamil Nadu, against the Union of India, represented by the General Manager, Southern Railway, Madras, for recovery of damages in a sum of Rs. 1,588.71. According to the case of the petitioner, the consignment of 585 bags of wheat weighing 506.03 quintals was sent by the Regional Director of Food Corporation of India in November, 1967 to Tiruchirapalli under railway receipt No. 870954 dated 7th November, 1967. A shortage of 10 full bags weighing 25.90 quintals was noticed at the time of unloading, which was brought to the notice of the respondent. In answer to a claim made by the petitioner on 7th January, 1968, the respondent took up the position that the railway receipt was clear and unqualified about the loading and therefore, the alleged loss could not be made good. Ultimately, the claim of the petitioner was rejected by the respondent. Thereafter the petitioner, claiming that the respondent had been negligent and had
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