Tharu And Sons vs Union Of India
2021 Latest Caselaw 7104 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.4694 OF 2021(J)


PETITIONER:

               THARU AND SONS,
               PARACKA HOUSE NO.64, KARIPAI ROAD, RAJAGIRI POST,
               SOUTH KALAMASSERY, ERNAKULAM, REPRESENTED BY ITS
               MANAGING PARTNER, MR. ANTONY THARU.

               BY ADVS.
               SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.PAULOSE C. ABRAHAM
               SRI.RAJA KANNAN
               SRI.JAI MOHAN

RESPONDENTS:

      1        UNION OF INDIA
               THROUGH THE CHAIRMAN, RAILWAY BOARD, MINISTRY OF
               RAILWAYS, RAIL BHAVAN, RAISEENA ROAD, NEW DELHI - 110
               001.

      2        SENIOR DIVISIONAL RAILWAY MANAGER (MECHANICAL)
               SOUTHERN RAILWAY, HOUSING BOARD, THYCAUD,
               THIRUVANANTHAPURAM - 695014, KERALA.

               R1-2 BY SRI.A.DINESH RAO, SC, RAILWAYS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4694 OF 2021(J)

                                    2




                            JUDGMENT

Dated this the 1st day of March 2021

The petitioner was awarded the work of

comprehensive linen management for

Thiruvananthapuram Division's nominated trains

including setting up of mechanized laundry of two

ton per shift capacity at Ernakulam on BOOT(Build-

Own-Operate Transfer)model for a period of ten

years, based on which Ext.P1 agreement was executed

on 20.09.2019. It is stated that the petitioner

completed the work and requested the respondents for

providing linen for commissioning the unit and

submitted several representations requesting for

emergent action. It is stated that even after

Ext.P5 series of letters addressed to the 2 nd

respondent, no effective action is taken. The writ

petition is therefore filed seeking a direction to

the 2nd respondent to consider Ext.P8 representation.

2. Adv.Sri.A.Dinesh Rao, the learned Standing WP(C).No.4694 OF 2021(J)

counsel, appearing for the Railways submitted that

the 2nd respondent will consider Ext.P8

representation within a period of four weeks.

3. Accordingly, the writ petition is disposed

of, recording the same and with a direction to the

2nd respondent to pass orders after affording an

opportunity of hearing to the petitioner within a

period of four weeks from the date of receipt of a

copy of the judgment.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.4694 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.2106(01)/2019/19/ML/ERS DATED 20.09.2019 EXECUTED BETWEEN THE PETITIONER AND THE PRESIDENT OF INDIA ACTING THROUGH THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RAILWAY LAND LICENSE AGREEMENT (FOR LAUNDRY) DATED 16.12.2019 EXECUTED BETWEEN THE PETITIONER AND THE PRESIDENT OF INDIA ACTING THROUGH THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED TO ALL ZONAL RAILWAYS BY THE RAILWAY BOARD, MINISTRY OF RAILWAYS DATED 03.07.2020.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 08.07.2020 ISSUED BY THE RAILWAY BOARD TO ALL ZONAL RAILWAYS.

EXHIBIT P5 TRUE COPY OF THE PETITIONER'S LETTER DATED 17.09.2020 TO THE 2ND RESPONDENT.

EXHIBIT P5(a) TRUE COPY OF THE PETITIONER'S LETTER DATED 25.09.2020 TO THE 2ND RESPONDENT.

EXHIBIT P5(b) TRUE COPY OF THE PETITIONER'S LETTER DATED 15.10.2020 TO THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR ISSUED BY THE RAILWAY BOARD TO ALL ZONAL RAILWAYS DATED 05.11.2020.

EXHIBIT P7 TRUE COPY OF THE PETITIONER'S LETTER DATED 18.11.2020 TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 01.02.2021 TO THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE