Sreedevi Sudheer vs Union Of India
2023 Latest Caselaw 8640 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 25728 OF 2023
PETITIONER:

          MRS.SREEDEVI SUDHEER
          AGED 44 YEARS
          DAUGHTER OF MR.K.GOPINATHAN, SREEMANAGALAM, PLRA 242/A
          PLAVODE KUDUNGANOOR P.O, TRIVANDRUM, PIN - 695013

          BY ADVS.
          ANIL S.RAJ
          RADHIKA RAJASEKHARAN P.
          K.N.RAJANI
          ANILA PETER
          C.PRABITHA
          MUHAMMED HARIS K.K.
          SIMI S. ALI
          ANN MARIA SAMUEL



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS,
          (RAILWAY BOARD) CENTRAL SECRETARIAT, NEW DELHI, PIN -
          110001

    2     THE SR. DIVISIONAL COMMERCIAL MANAGER
          SOUTHERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH,
          THYCAUD, THIRUVANTHUPURAM, PIN - 695014


OTHER PRESENT:

          SRI. S.MANU, DSGI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.25728 of 2023

                                      2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.25728 of 2023
           ---------------------------
             Dated this the 9th day of August, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i. to issue a writ, order or direction in the nature of Mandamus or such other writ, order or direction directing the 2nd respondent to extent the petitioner's period of license beyond 16.6.2023 and thereby permit her to open and operate the stall awarded vide exhibit P1 as long as direction/order of status quo issued vide exhibits P3 to P5 are in force.

ii. such other appropriate writ, order or direction sought for in the course of the proceedings.

iii. direct the respondents to pay costs of the above proceedings. " (SIC)

2. The petitioner was awarded licence to operate a

SMU-05 at Thiruvananthapuram Railway Station for a period

of 5 years. The licence was granted under the catering

policy 2010. The present licence was valid only till

16.06.2023 and thereafter the stall was closed down. It is

the case of the petitioner that no new bids/tender was

invited by the respondents and the stall is closed. The

petitioner submitted that the petitioner is ready to continue

with the stall on payment of the licence fee. W.P (C) No.25728 of 2023

3. Heard the learned counsel for the petitioner and

learned DSGI appearing for the respondents.

4. After hearing both sides and also in the light of

similar directions issued by this Court in W.P.(C)

No.25642/2023, I think a similar direction can be issued in

this case also.

Therefore, this writ petition is disposed of with the

following directions.

1) The petitioner is free to continue with stall bearing No.SMU-05 at Thiruvananthapuram Railway Station till the stall is re-tendered and a new person is awarded with the contract.

2) The petitioner is bound to pay the licence fee during the above period.

3) The 2nd respondent is directed to consider Ext.P2 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a certified copy of this judgment.

4) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.25728 of 2023

APPENDIX OF WP(C) 25728/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LETTER OF AWARD (LOA) BEARING NO: V/C.79/CS/TVC/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