Sreedevi Sudheer vs Union Of India
2023 Latest Caselaw 8642 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. 25642 OF 2023
PETITIONER:

          MRS.SREEDEVI SUDHEER
          AGED 44 YEARS,
          DAUGHTER OF MR. K GOPINATHAN, PROPRIETOR, M/S SAS
          CATERING SERVICES, PLRA 242/A, KUDUNGANOOR POST,
          TRIVANDRUM, PIN - 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 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.25642 of 2023

                                      2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.25642 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 12.8.2023 and thereby permit her to 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

catering stall bearing No.SMU-12 at Kottayam Railway

Station for a period of 5 years. The present licence is valid

only till 12.08.2023. It is the case of the petitioner that

respondents have not called for any new bids/tender to

award the same nor extended the licence. Hence, the

petitioner submitted that he may be allowed to continue till

the stall is re-tendered and the contract is awarded to a

new person.

W.P (C) No.25642 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 orders passed by this Court, I think a direction can

be issued in this case also to allow the petitioner to

continue with the stall till the re-tender proceedings is

completed and the contract is awarded to a new person.

The petitioner is also free to participate in the re-tender, if it

is notified, if she is otherwise eligible.

Therefore, this writ petition is disposed of with the

following directions.

1) The petitioner is free to continue with stall bearing No.SMU-12 at Kottayam Railway Station till the stall is re-tendered and the contract is awarded to a new person.

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.

W.P (C) No.25642 of 2023

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.25642 of 2023

APPENDIX OF WP(C) 25642/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LETTER OF AWARD (LOA) BEARING NO:V.C79/CS/KTYM/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

Exhibit3 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