Rajendra Kumar Ravindrapal ... vs Southern Railway
2023 Latest Caselaw 8787 Ker

WP(C) NO. 22499 OF 2022            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
                          WP(C) NO. 22499 OF 2022
PETITIONER/S:

               RAJENDRA KUMAR RAVINDRAPAL MANGLA
               AGED 58 YEARS
               S/O RAVINDRA PAL MANGLA, FLAT NO.1804, BUILDING
               NO.5, SAPHIRE HEIGHT C.H.S.L, NEAR LOKHANDWALA
               FOUNDATION SCHOOL, AKURLI ROAD, LOKHANDWALA
               TOWNSHIP, KANDIVALI (E), MUMBAI- 400101

               BY ADVS.
               K.SANEESH KUMAR
               V.B.SANTHINI


RESPONDENT/S:

      1        SOUTHERN RAILWAY
               REPRESENTED THROUGH ITS, SENIOR DIVISIONAL
               COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION
               OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION)
               PALAKKAD DISTRICT- 678002.

      2        SENIOR DIVISIONAL COMMERCIAL MANAGER,
               SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
               BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT-
               678002.

      3        THE UNION OF INDIA,
               REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS,
               CENTRAL SECRETARIAT, NEW DELHI-110001.

               BY ADV MANU S., ASG OF INDIA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 22499 OF 2022              2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                    W.P.(C.) No. 22499 of 2022
                    --------------------------------------
               Dated this the 11th day of August, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

"(i) "Issue a writ of certiorari calling upon the records relating to Exhibits P7 and P9 issued by the 2nd respondent and quash the same

(ii) Issue a writ of Mandamus or any other writ order or direct or compelling the respondents 1 & 2 to extent the period of license beyond 12.7.2022, in tune to the letter dated 21.5.2019 (Exhibit P5) and letter dated 27.8.2019 (Exhibit P6) issued by the Ministry of Railways in the matter of applicability of status quo order passed by the Honourable Delhi Court as per Exhibit P4 interim order, to the petitioner.

(iii) Issue a writ of Mandamus or any other writ order or direction directing the respondent No. 2 to keep in abeyance all coercive steps in tune with the Exhibit P4 interim order passed by the Honourable Delhi High Court.

(iv) Such other writ or order which may be deem fit, just and necessary in the interests of justice." [SIC]

2. The main prayer in this writ petition is to quash

Exts.P7 and P9 and to issue direction to respondent Nos. 1 and

2 to extend the period of licence beyond 12.07.2022 in tune

with Exts. P5 and P6 letters issued by the Ministry of Railways

in the matter of applicability of status quo order passed by the

Honourable Delhi High Court as per Ext.P4 interim order.

3. Heard the learned counsel for the petitioner and the

learned DSGI.

4. After hearing both sides, I think Exts.P7 and P9 can

be set aside and there can be a direction to reconsider the

matter because in similar circumstances, this Court already

directed the 2nd respondent to consider the similarly situated

persons' grievance.

Therefore, this writ petition is disposed of with the

following directions :

1) Exts.P7 and P9 are set aside.

2) The 2nd respondent is directed to reconsider the matter

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.

3) Till final orders are passed in Ext.P8, the petitioner is

allowed to continue the Minor Catering Stall.

4) Based on the decision in Ext.P8 regarding the tender, the

Railway is free to proceed in accordance with law.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 22499/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE 2ND RESPONDENT DATED 7.6.2016.

Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT ON 2.5.2017.

Exhibit P3 A TRUE COPY OF THE JUDGMENT BY THE HONOURABLE SUPREME COURT IN WRIT PETITION (C) NO.373/2017 DATED 30.10.2018.

Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C)13809/2018 BY THE HIGH COURT OF DELHI DATED 15.3.2019.

Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 21.5.2019.

Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 27.8.2019.

Exhibit P7 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 8.2.2022 TO THE PETITIONER.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.2.2022.

Exhibit P9 A TRUE COPY OF THE NOTICE/DIRECTION PASSED BY THE 2ND RESPONDENT DATED 17.5.2022.

Exhibit P10 A TRUE COPY OF THE LETTER NO.2016/TG III/600/01 ISSUED BY THE GOVERNMENT OF INDIA/ MINISTRY OF RAILWAYS/ RAILWAY BOARD DATED 13.12.2021.