Kerala High Court
M/S Hotel Highway Palace vs The Union Of India on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 01ST DAY OF FEBRUARY 2021/12TH MAGHA,1942
WP(C).No.11007 OF 2020(A)
PETITIONER:
M/s HOTEL HIGHWAY PALACE,
REGISTERED PARTNERSHIP FIRM
REPRESENTED BY ITS PARTNER,
P.N. MOHANKUMAR,
AGED 65, S/O NARAYANAN,
HAVING REGISTERED OFFICE AT N H-47,
PEECHI ROAD JUNCTION, PATTIKKADU.P.O,
THRISSUR DISTRICT-680652.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF RAILWAYS,
RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110001.
2 DIVISIONAL RAILWAY MANAGER(COMMERCIAL),
PALAKKAD DIVISION, SOUTHERN RAILWAY,
OLAVAKKOD.P.O, PALAKKAD DISTRICT-678002.
3 INDIAN RAILWAY CATERING AND TOURISM
CORPORATION LTD.,
REGIONAL OFFICE,
REPRESENTED BY ITS MANAGER, 40/8194,
SALIH ARCADE, FIRST FLOOR,
COVENT ROAD, COCHIN, ERNAKULAM DISTRICT-682035.
R1-2 BY SRI.A.DINESH RAO, SC, RAILWAYS
R3 BY SMT.ASHA CHERIAN, SC, IRCTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.11007/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 1st day of February, 2021
The petitioner, a Partnership Firm, is running a non-
vegetarian refreshment room at Mangalore Junction Railway
Station. As per the tripartite agreement, the petitioner can
employ 30 persons who will be called as Platform Vendors,
contends the petitioner. Such Platform Vendors will be issued
separate identity cards. The period of validity of the identity
cards of Platform Vendors deployed by the petitioner stands
expired. The petitioner wants to get renewal of such licence.
The petitioner is aggrieved by the insistence for separate
licence fee for each Platform Vendor, which according to the
petitioner, is outside the scope of the agreement.
2. The petitioner would point out that as per Ext.P6,
the Indian Railway Catering and Tourism Corporation Limited-
3rd respondent herein, has granted permission to engage
WP(C) No.11007/2020
Platform Vendors to other similarly situated contractors.
Therefore, the petitioner shall also be given permission to
deploy Platform Vendors and the identity cards issued by the
3rd respondent are liable to be renewed, without insisting on
additional licence fees.
3. The learned Standing Counsel appearing for the 3 rd
respondent would submit that the question of renewing the
identity cards of Platform Vendors would arise only if the unit
is functioning. The unit of the petitioner is not functioning
since 23.03.2020. Therefore, unless the petitioner resumes
the functioning of the refreshment room, no direction can be
given to the respondents to renew the identity cards of the
Platform Vendors.
4. I have heard the learned counsel for the petitioner,
the learned Standing Counsel appearing for the 3 rd respondent
and the learned Standing Counsel appearing for respondents
1 and 2.
5. It is discernible from the pleadings and arguments
of the learned counsel for the petitioner and the learned
WP(C) No.11007/2020
Standing Counsel that the validity of contract of the petitioner's
non-vegetarian refreshment room is up to November, 2022.
The petitioner stopped functioning of the refreshment room
consequent to the Covid-19 pandemic. Though the petitioner
could have operated the refreshment room subsequently, he
did not do so because trains were not running. The petitioner
submits that now he can start the functioning of the
refreshment room in a full fledged manner as trains have
resumed scheduled running. But, unless the identity cards of
the Platform Vendors are renewed, the petitioner will be put to
irreparable loss and damage.
6. It is the contention of the learned Standing Counsel
that the renewal of identity cards to Platform Vendors should
be preceded by proper medical verification, police verification
and other administrative requirements. If the petitioner starts
functioning of the refreshment room and submits an
application to the 3rd respondent, the 3rd respondent will
consider such application and take appropriate decision based
on the verification reports available to the 3 rd respondent.
WP(C) No.11007/2020
7. The learned Standing Counsel for the 3 rd
respondent would submit that the issue of payment of licence
fee for the Platform Vendors is under dispute and certain
similarly situated contractors have approached this Court in
W.P.(C) No.1227/2021 and the Madurai Bench of the Hon'ble
Madras High Court. In WMP(MD) No.13578/2019 in WP(MD)
No.17010/2019, the Madras High Court has granted an
interim order against charging licence fee. The learned
Standing Counsel would submit that similar orders are passed
by other High Courts also.
8. Taking into consideration the afore facts and
circumstances of the case, this writ petition is disposed of with
the following directions:-
(a) After commencing the functioning of
the refreshment room, the petitioner shall
make application to the 3rd respondent for
renewal of identity cards of Platform Vendors.
If such application is made, based on requisite
verification and merits, the 3 rd respondent shall
issue necessary identity cards to the Platform
Vendors to be deployed by the petitioner.
WP(C) No.11007/2020
(b) The 3rd respondent will be at liberty
to levy separate licence fee in respect of the
Platform Vendors, depending on the decision
on the issue by the High Courts before which
the writ petitions are pending.
(c) Once the 3rd respondent issues
identity cards to the Platform Vendors, then the
petitioner will be at liberty to deploy such
Platform Vendors.
Sd/-
N. NAGARESH, JUDGE
aks/01.02.2021
WP(C) No.11007/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LETTER OF AWARD
WITH ANNEXURE DATED 24.12.2016 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE MASTER LICENSE
AGREEMENT DATED 08.11.2017.
EXHIBIT P3 A TRUE COPY OF THE TRIPARTITE
AGREEMENT DATED 18.12.2017.
EXHIBIT P4 A TRUE COPY OF THE IDENTITY CARDS OF
THE 29 PLATFORM VENDORS ISSUED BY THE
RAILWAY AND ITS ASSOCIATES.
EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED IN W M
P (M D) NO.17010 OF 19 BY THE HON'BLE
HIGH COURT OF MADRAS DATED 1.8.2019.
EXHIBIT P6 A TRUE COPY OF THE ORDER OF THE INDIAN
RAILWAY CATERING AND TOURISM
CORPORATION LIMITED DATED 22.8.2019.
SR
