Sarasan M.P vs Union Of India
2021 Latest Caselaw 13576 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                  WP(C) NO. 12715 OF 2021
PETITIONER:

          SARASAN M.P
          AGED 64 YEARS,
          S/O. LATE M.K.PADMANABHAN,MEKKEVELIYIL(H),
          NADAKKAVU.P.O, UDAYAMPEROOR,ERNAKULAM,
          PIN CODE-682307.
          BY ADVS.
          K.S.BABU
          N.SUDHA
          BABU SHANKAR
          MINU SIBY ROY
          ALVIN JEWEL S.S

RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY IT'S PRINCIPAL SECRETARY,
          MINISTRY OF RAILWAYS,RAIL BHAWAN,NEW DELHI-
          110001.
    2     SOUTHERN RAILWAY
          HEAD QUARTERS OFFICE,PARK TOWN,CHENNAI-600003,
          REPRESENTED BY ITS GENERAL MANAGER.
    3     THE CHIEF COMMERCIAL MANAGER,
          SOUTHERN RAILWAY,HEAD QUARTERS OFFICE,
          PARK TOWN,CHENNAI-600003.
    4     THE SENIOR DIVISIONAL COMMERCIAL MANAGER,
          SOUTHERN RAILWAY TVM
          DIVISION,THIRUVANANTHAPURAM-695014.
 W.P.(C) No.12715 of 2021       2




    5      DIVISIONAL RAILWAY MANAGER,
           DIVISIONAL OFFICE,SOUTHERN RAILWAY,
           THIRUVANANTHAPURAM-695014.
           BY ADVS.
           SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS
           SRI.DINESH RAO, SC


     WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12715 of 2021              3




                    W.P.(C) No.12715 of 2021
              -----------------------------------------------
                           JUDGMENT

The petitioner has been awarded a vehicle parking

contract by Southern Railway. Ext.P1 is the award. In terms of

Ext.P1, the petitioner was permitted to collect parking charges

from vehicles parked at the Kollam Junction Railway Station for

the period from 23.03.2021 to 22.06.2021. The case set out by

the petitioner is that he was unable to collect parking charges

as contemplated due to lock down, curfew and other

restrictions imposed in connection with the prevention of the

spread of pandemic, Covid-19. The petitioner, therefore, made

Ext.P3 representation on 23.04.2021 before the fourth

respondent, seeking orders for extension of the term of the

contract. It is stated that since Ext.P3 representation was not

considered, the petitioner preferred Ext.P6 representation also

before the fourth respondent, seeking the very same relief. It is

alleged that Exts.P3 and P6 representations are not being

considered by the fourth respondent. The petitioner, therefore,

seeks appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the Railway.

3. The learned Standing Counsel for the Railway

seeks time to get instructions.

Having regard to the peculiar facts and

circumstances of the case, I deem it appropriate to dispose of

the writ petition directing the fourth respondent to consider

and pass orders on Exts.P3 and P6 representations, after

affording the petitioner an opportunity of hearing. Ordered

accordingly. This shall be done within one month from the date

of receipt of a copy of the judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Mn





                  APPENDIX OF WP(C) 12715/2021

PETITIONER'S     EXHIBITS:
Exhibit P1             THE TRUE COPY OF THE WORK ORDER DATED

20.03.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE DEMAND DRAFT ISSUED BY THE AUTHORIZED SIGNATORY FOR AN AMOUNT OF RS.5,56,600/-(RUPEES FIVE LAKH FIFTY SIX THOUSAND SIX HUNDRED ONLY),IN FAVOUR OF SENIOR DIVISIONAL FINANCE MANAGER,SOUTHERN RAILWAY,THIRUVANANTHAPURAM Exhibit P3 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23.04.2021 SUBMITTED BY THE PETTITIONER Exhibit P4 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF THE 4TH RESPONDENT Exhibit P5 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF 5TH RESPONDENT Exhibit P6 THE TRUE COPY OF REPRESENTATION DATED 19.06.2021 SUBMITTED TO THE 4TH RESPONDENT Exhibit P7 THE TRUE COPY OF POSTAL RECEIPT DATED 21.06.2021.