Sudheer T.S vs Union Of India
2023 Latest Caselaw 8517 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                      WP(C) NO. 25551 OF 2023
PETITIONER:

             SUDHEER T.S
             AGED 50 YEARS, SON OF MR. THANKAPPAN,
             PROPRIETOR, M/S. THE HIGHRANGE TREAT,
             SREEMANGALAM, PLRA, 242/A, PLAVODE,
             KODUNGANOOR P.O, TRIVANDRUM - 695013
             BY ADVS.
             ANIL S.RAJ
             C.PRABITHA
             K.N.RAJANI
             RADHIKA RAJASEKHARAN P.
             ANILA PETER
             MUHAMMED HARIS K.K.
             SIMI S. ALI
             ANN MARIA SAMUEL

RESPONDENTS:

      1      UNION OF INDIA
             REPRESENTED BY SECRETERARY,
             MINISTRY OF RAILWAYS, (RAILWAY BOARD)
             CENTRAL SECRETERIAT, NEW DELHI - 110001
      2      THE SR. DIVISIONAL COMMERCIAL MANAGER
             SOUTHERN RAILWAY, DIVISIONAL OFFICE,
             COMMERCIAL BRANCH, THYCAUD,
             THIRUVANANTHAPURAM, PIN - 695014
             SRI.S.MANU [DSGI]



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 25551 of 2023
                                  :2:


                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 25551 of 2023
                 ==========================
                 Dated this the 7th day of August, 2023

                             JUDGMENT

The petitioner alleges that even though the Southern Railway

has not invited any new tenders, his licence to run the Catering

Stall - bearing No.SMU-20 at Aluva Railway Station - is now being

impeded. He, therefore, prays that 2nd respondent be directed to

extend his licence beyond 14.04.2023, and thus permit him to

operate the stall, awarded as per Ext.P1, without any further delay

2. In response to the afore submissions of Smt.K.N.Rajani -

learned counsel for the petitioner, Sri.S.Manu - learned Deputy

Solicitor General of India, submitted that if no tenders have been

yet called with respect to the stall in question, then the 2 nd

respondent will consider allowing the petitioner to continue on a

provisional basis, until such time as it is awarded substantively. He

submitted that he is making this submission in terms of Ext.P4; and

added that there is a controversy as to whether petitioner can be

allowed to participate in the next tender process, which aspect, he

prayed be left open.

3. When I consider the afore submissions, it is evident that,

going by Ext.P4, if steps have not been taken by the respondents to W.P.(C).No. 25551 of 2023

allot the stall in question through a fresh tendering process, then

he should be allowed to continue, at least until such time. The

question whether he is entitled to participate in the next round of

tendering is not something that has been impelled in this case; and,

therefore, I do not propose to speak on it.

Resultantly, I order this writ petition, directing the 2 nd

respondent to immediately consider the claim of the petitioner for

extension of his licence, at least until such time as the new

tenderer is identified through fresh process for such purpose. This

shall be done, keeping in mind Ext.P4; and necessary orders issued

within a period of ten days from the date of receipt of a copy of this

judgment.

I make it clear that I have not entered into the contention of

the petitioner, that he is entitled to participate in the next

tendering process and the same is left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 25551 of 2023

APPENDIX OF WP(C) 25551/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LETTER OF AWARD (LOA) BEARING NO: V/C.79/CS/AWY/17 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 21.2.2017 Exhibit P2 TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 29.7.2023 Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 21.5.2019 ISSUED BY THE 1ST RESPONDENT THROUGH ITS DIRECTOR (T&C), RAILWAY BOARD Exhibit P4 TRUE COPY OF THE CIRCULAR DATED 27.8.2019 ISSUED BY THE 1ST RESPONDENT THROUGH ITS DIRECTOR (T&C), RAILWAY BOARD Exhibit P5 TRUE COPY OF THE LETTER BEARING NO.2016/TG-III/600/01 ISSUED BY THE GOVERNMENT OF INDIA/MINISTRY OF RAILWAYS/ RAILWAY BOARD DATED 13.12.2021 Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN W.P (C).NO. 24285/2023 OF THIS HON'BLE COURT DATED 25.7.2023 Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE NORTHERN RAILWAY ISSUED TO THE SENIOR DIVISIONAL COMMERCIAL MANAGERS OF MURADABAD, LUCKNOW, AMBALA AND FEROZPUR, DATED 29.8.2019 Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P (C) NO:

35945/2017 OF THIS HON'BLE COURT DATED 16.11.2017

RESPONDENTS' EXHIBITS : NIL.