Judgment :- Petitioner in W.P.(C).No.3515 of 2007 states that he is a commuter between Ernakulam and Changanacherry and using the services of Venad Express and Parasuram Express trains. He seeks a direction to the railway authorities to refrain from abolishing first class coaches of those trains and to issue first class railway season tickets to the petitioner to travel in those trains on the expiry of his current season ticket. Though there was some controversy raised on the basis of the communication issued by the Thiruvananthapuram Divisional Office of the Southern Railway stating that issuance of first class season tickets is being withdrawn with immediate effect on 19-1-2007 owing to non-availability of first class coaches, the said Divisional Office, acting on certain representations of the season ticket holders, issued communication dated 2-2-2007 to the effect that first class season tickets would be issued to be utilized by the commuters of Venad Express and Parasuram Express trains. A copy of that communication has been placed before this Court by the standing counsel for the Railways. So much so, the immediate grievance of the petitioner in W.P.(C).No.3515 of 2007 stands redressed. 2. Petitioners in W.P.(C).No.4068 of 2007 state that they are the commuters between Kollam and Thiruvananthapuram Central Station and they will be deprived of the service of first class coaches in view of the decision of the railways to recall first class season tickets, since, according to them, they are entitled to travel by first class coaches attached to any train, during day time. As per the Divisional Office communication dated 02-02-2007, noticed above, first class season tickets would be issued for Venad Express and Parasuram Express trains and only the first class coaches in the other trains cannot be utilized by the season ticket holders and any renewal of season tickets will be on the purchaser of such season tickets agreeing and making a declaration regarding the conditions enumerated in the said letter, which read as follows: “1. First class season tickets are issued for the following trains only: 6301/6302 TVC-SRR Venad Express. 6349/6350 TVC-MAQ Parasuram Express., 2. Other first class coaches are fully reserved and they are running during night hours. Travel in these trains with first class season ticket is not permissible, as per Railway Board Guidelines. If found traveling with first class season ticket, they will be treated as a ticketless person. 3. 6349/6350 TVC-MAQ Parasuram Express., 2. Other first class coaches are fully reserved and they are running during night hours. Travel in these trains with first class season ticket is not permissible, as per Railway Board Guidelines. If found traveling with first class season ticket, they will be treated as a ticketless person. 3. If first class coaches cannot be attached due to sick or any other reasons in the said trains, one GS or GSCZ (General Sitting Type) will be attached and a portion of the coach will be earmarked for the use of first class season ticket passengers. 4. First class season ticket holders are not permitted to travel in the reserved coaches (AC, Sleeper) attached in the trains. 5. Passengers who intend to purchase first class season tickets should give a declaration that they are aware of the above conditions and are ready to accept the same without any dispute.” 3. The effect of Condition No.2 above, is that first class coaches other than those attached to Venad Express and Parasuram Express trains are fully reserved and they run during the night hours also and that season ticket is not permissible for travel in these trains as per Railway Board Guidelines and any person found so traveling would be treated as a ticketless person. 4. Adv. Sri. George Poonthottam, the learned counsel for the petitioners in W.P.(C).No.4068 of 2007, contended that the conditions in the communication dated 2-2-2007 regarding the user of first class coaches other than those attached to Venad Express and Parasuram Express trains, by season ticket holders, run contrary to the legal entitlement of the petitioners to such user. According to him, the first class coaches that are unavailable for a season ticket holder has to be those which are reserved coaches, and such embargo would be there only during the night hours. This means, according to him, that the first class season ticket holder would be entitled to travel in any first class coaches attached to trains other than Venad and Parasuram Express also, during day time, even if such coaches are reserved coaches. The aforesaid argument on behalf of the petitioners in W.P.(C).No.4068 of 2007 requires to be considered in the backdrop of the Tariff Rules framed by the Railway Board and which has found acceptance of the Division Bench of this Court in the judgment dated 14-8-2001 in W.A.NO.3133 of 2001. The aforesaid argument on behalf of the petitioners in W.P.(C).No.4068 of 2007 requires to be considered in the backdrop of the Tariff Rules framed by the Railway Board and which has found acceptance of the Division Bench of this Court in the judgment dated 14-8-2001 in W.A.NO.3133 of 2001. I may at once notice that the issue that gained the attention of the Division Bench leading to that judgment was as to whether first class season tickets could be utilized to travel by second class air-conditioned coaches. But, then, in arriving at the conclusion in that judgment, this Court referred to Clause 242.1 of the Tariff Rules, relating to season tickets. The fifth internal paragraph (unnumbered) of Rule 242.1 is relevant. It reads as follows: “Season tickets are not valid for travel in reserved coaches & trains. They are valid in certain trains in unreserved coaches, (subject to the distance restriction otherwise applicable for travel the concerned train). However, the first class season ticket holders are allowed to travel in first class coaches during day time only, subject to the distance restriction applicable on the concerned train.” 5. Dilating on the said clause in the Tarif, Sri. Poonthottam argued that the provision that season tickets are not valid for travel in reserved coaches and trains has to be understood to apply only to the term that first class season ticket holders are allowed to travel in first class coaches during day time. 6. A reading of the aforequoted clause in the Tariff would show that season tickets are not valid for traveling in reserved coaches and trains. The sentence “however first class season ticket holders are allowed to travel in first class coaches during day time only” is not that which, in any manner, dilates or expands the scope of the first sentence in that paragraph. That applies, if at all, only to the second sentence, which states that season tickets are valid in certain trains in unreserved coaches subject to the restriction otherwise applicable for travel in the concerned rain. This means that even in unreserved coaches, first class season ticket holders are allowed to travel only during day time and they are not allowed to travel even in unreserved coaches during night hours. This means that even in unreserved coaches, first class season ticket holders are allowed to travel only during day time and they are not allowed to travel even in unreserved coaches during night hours. This does not, in any manner, dilute the interdiction contained in the first sentence in the quoted portion of the tariff that season tickets are not valid for travel in reserved coaches. This is the categoric expression of the Railway Board, which is the competent authority. This is exactly the manner in which the said Rule has been understood by the Division Bench in the judgment in W.A.No.3133 of 2001, when this Court stated that when the Railways takes the stand that season ticket holders are not entitled to travel in reserved coaches attached to trains as provided in Rule 242 of the Rules, it could not be said that it is an untenable submission on behalf of the Railways or that the restriction imposed is to be treated as an unreasonable restriction. The result of the aforesaid discussion is that in view of Clause 242.1 of the Tariff, season ticket holders, whether they are first class ticket holders or second class ticket holders, would not be entitled to travel in reserved coaches attached to trains while the first class season ticket holders would be entitled to travel in unreserved coaches only during time. This is plainly what emanates Clause 242.1 of the Tariff. 7. Learned counsel for the petitioners in W.P.(C).No.4068 of 2007 also stated that though Clause 242.1 in the Tariff speaks of such a restriction, the Railways do not appear to be fair and uniform in the matter of enforcing that Rule. As of now, there is absolutely nothing on record to take such a view. The mere assertion will not be a substitute for legal materials to enter any finding in that regard. 8. In the circumstances, subject to what is stated in the communication of the Divisional Office issued on 2-2-2007 regarding issuance of first class tickets as noticed above, the petitioners in W.P.(C).No.4068 of 2007 are not entitled to any other relief. In the result, subject to what is stated above, these writ petitions are dismissed.