1954 Supreme(Mad) 413
RAJAGOPALA AYYANGAR, P.V.RAJAMANNAR
The Southern Railway – Appellant
Versus
The Railway Rates Tribunal – Respondent
Advocates:
The Advocate-General (V.K. Thiruvenkatachari) and Vepa P. Sarathy, for Petitioners in W.P. No. 961 of 1953.
V. Tyagarajan and M.A. Rajagopalan, for Respondents 2 and 3 in W.P. No. 1007 of 1953.
Rajamannar, C.J.-Both these petitions filed under Article 226 of the Constitution are directed against the Railway Rates Tribunal in respect of their proceedings on a complaint filed by a firm called the Engineering Supplies Co., Bombay, who carry on business in cast-iron pipes, among other things, against the Southern Railway and the Central Railway under sections 28 and 41(1) of the Indian Railways Act, 1890. The principal iron and steel manufacturing centres of India are Bhad-ravati in Mysore and Bisco, Barnpur and Tatanagar in Bihar and Bengal. Bisco is the place where the factory of Bengal Iron and Steel Company is situated. The railways had been quoting special rates for the transport of cast-iron pipes to various cities and towns in the country for over 20 years. From 15th October, 1949, the full tariff rate for cast-iron pipes from Bhadravati to Bombay was Re. 1-15-1, but the special rate being charged was Re. 1-3-6. The full tariff rate from Bisco to Bombay was Rs. 3-3-8 from 15th October, 1949, but the special rate being charged was Re. 1-6-10. This rate was however, cancelled from 1st April, 1952. The com-plainant who imports cast-iron pipes from Baadravati to Bombay and
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