Kerala High Court
B Vipinachandran @ B Vipin Chandran vs The Sr. Divisional Commercial Manager on 11 April, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 19165 OF 2023
PETITIONER:
B VIPINACHANDRAN @ B VIPIN CHANDRAN
AGED 62 YEARS
SON OF SRI. V BALAKRISHNA PANICKER,
MANJUSHA, SATHYA SAI NAGAR,
KALLEKULANGARA P.O,
PALAKAD, PIN - 678009
BY ADVS.
ANIL S.RAJ
RADHIKA RAJASEKHARAN P.
K.N.RAJANI
ANILA PETER
MUHAMMED HARIS K.K.
SIMI S. ALI
SNEHA S. MENON
ANN MARIA SAMUEL
RESPONDENTS:
1 THE SENIOR DIVISIONAL COMMERCIAL MANAGER
DIVISIONAL OFFICE,
PALAKAD DIVISION, SOUTHERN RAILWAY,
KALLEKULANGARA P.O,
PALAKAD, PIN - 678009
2 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER,
SOUTHERN RAILWAY, CHENNAI,
PIN - 600003
ADDL.R3 ADDL.R3 IMPLEADED
P.K.SUNIL,
AGED 51 YEARS, S/O.KESAVAN,
M/S.SUNIL CATERING SERVICES,
THRISSUR, 317 PARAMEL BUILDING,
VELLANIKKARA (P0),
WP(C) NO. 19165 OF 2023
2
CHIRAKKAKODE;
THRISSUR-680654
[ADDL.R3 IS IMPLEADED AS PER ORDER DATED 01/04/2024
IN I.A-1/2024 IN WP(C) 19165/2023]
BY ADVS.
K.R.RAJKUMAR
SHREEJI R. NAIR
M.A.ZOHRA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19165 OF 2023
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.19165 of 2023
--------------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The writ petition has been filed seeking to quash Ext.P4 and for a direction to the respondents to grant renewal of the licence to the petitioner to operate the mutlipurpose stall on Platform No.4/5 at Palakkad Junction Railway Station without having to participate in any tendering/bidding process. The bid had already been invited and confirmed in the name of the additional 3 rd respondent. Admittedly, the additional 3rd respondent has been paying the licence fee for 3 quarters. The petitioner has also been paying the licence fee for the said 3 quarters but at the rate which he was paying earlier. There is a huge difference in the licence fee which had been quoted by the additional 3rd respondent. The parties have now arrived at a compromise whereby the additional 3rd respondent is willing to move out from the contract on being paid the amounts that he had expended towards licence fee. Respondents 1 and 2 are willing to pay back the amounts paid by the additional 3rd respondent, provided the petitioner pays the balance amount of the licence fee for the said 3 WP(C) NO. 19165 OF 2023 4 quarters so as to make the total licence fee paid to the respondents 1 and 2 equal to the licence fee which had been quoted by the additional 3rd respondent.
The above submission is recorded. This writ petition is disposed of directing the petitioner to pay the balance as aforesaid to the respondents 1 and 2 and continue to pay the licence fee as quoted by the additional 3rd respondent for the future "quarters". The respondents 1 and 2 shall on receipt of the amount pay off the amounts which have been remitted by the additional 3 rd respondent. Respondents 1 and 2 shall inform the petitioner about the amount which will be payable within three weeks from today and the said amount shall be paid by the petitioner in two equal instalments; the first instalment becoming payable on the 14 th day on which the information is received from the respondents 1 and 2 and the balance to be paid within one month thereafter.
- Sd/-/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 19165 OF 2023
5
APPENDIX OF WP(C) 19165/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF LETTER BEARING NO:
J/C.41/PGT/4 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 27.11.2017 Exhibit P2 TRUE COPY OF LETTER BEARING NO:
J/C.93/PGT/BVC ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13.8.2021 Exhibit P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 18.1.2023 Exhibit P4 TRUE COPY OF LETTER BEARING NO:
J/C.93/MPS/PGT/BVC ISSUED BY 1ST RESPONDENT TO PETITIONER DATED 20.2.2023 Exhibit P5 TRUE COPY OF THE COMMERCIAL CIRCULAR NO: 22 OF 2017 ISSUED BY THE RAILWAY BOARD TO ITS GENERAL MANAGERS IN ALL ZONES DATED 15.3.2017 Exhibit P6 TRUE COPY OF THE TENDER ISSUED BY PALAKKAD DIVISION OF SOUTHERN RAILWAY DATED NIL Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P (C) NO:
5628/2017 OF THIS HON'BLE COURT DATED 22.2.2017 Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P (C) NO:
35945/2017 OF THIS HON'BLE COURT DATED 16.11.2017 RESPONDENT ANNEXURES ANNEXURE R1(A) THE TRUE COPY OF THE AUCTION CATALOGUE PUBLISHED BY THE SENIOR DIVISIONAL COMMERCIAL MANAGER, PALAKKAD, DATED 14-07- 2023
WP(C) NO. 19165 OF 2023 6 ANNEXURE R1(B) THE TRUE COPY OF THE BID SHEET SHOWING THE DETAILS OF THE HIGHEST BIDDER DETAILS DATED 02-08-2023 ANNEXURE R1(C) THE TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE SUCCESSFUL BIDDER AND THE 1ST RESPONDENT OFFICE DATED NIL ANNEXURE R1(D) THE TRUE COPY OF THE CONTRACT AGREEMENT GENERATED FROM THE SYSTEM DATED 02.08.2023 ANNEXURE R1(E) THE TRUE COPY OF THE STANDARD CONDITIONS OF CONTRACT FOR THE CONTRACTS AWARDED THROUGH E- AUCTION DATED NIL ANNEXURE R1(F) THE TRUE COPY OF THE LETTER RECEIVED BY THE 1ST RESPONDENT FROM M/S SUNIL CATERING SERVICES DATED 08-08-2023 ANNEXURE R1(G) THE TRUE COPY OF THE LETTER NO. SCS/PGT-
1/14823 DATED 14-08-2023 RECEIVED BY THE 1ST RESPONDENT FROM M/S SUNIL CATERING SERVICES ANNEXURE R1(H) THE TRUE COPY OF THE LETTER NO. SCS/PGT-
1/061123 DATED 06-11-2023 RECEIVED BY THE 1ST RESPONDENT FROM M/S SUNIL CATERING SERVICES