Kerala High Court
M.V.Sathyabalan vs Southern Railway on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 30155 OF 2022
PETITIONER:
M.V.SATHYABALAN
AGED 51 YEARS
S/O LATE GOPALAKRISHNAN, NO.27, K.K.LANE,
NO.3 AVINASHI ROAD, COIMBATORE-641018.
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
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. DSG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2023, ALONG WITH WP(C).4975/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 4975 OF 2023
PETITIONER:
M.V.SATHYABALAN
AGED 51 YEARS
S/O LATE GOPALAKRISHNAN, NO.27, K.K.LANE,
NO.3 AVINASHI ROAD, COIMBATORE, PIN - 641018
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
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,
PIN - 678002
3 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS, (RAILWAY BOARD),CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110001
4 THE PRINCIPAL CHIEF COMMERCIAL MANAGER
HEADQUARTERS OFFICE, COMMERCIAL BRANCH,
CHENNAI, PIN - 600003
5 ABDULKAREEM NADAVATH VALAPPIL
FATHER'S NAME NOT KNOWN 'FAJINAS',
THALASSERY.P.O, KANNUR DISTRICT- 670101
BY ADVS.
ANIL S.RAJ
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
3
RADHIKA RAJASEKHARAN P.(R-718)
K.N.RAJANI(K/001295/1999)
ANILA PETER(K/660/2006)
MUHAMMED HARIS K.K.(K/561/2021)
SIMI S. ALI(K/2275/2021)
ANN MARIA SAMUEL(K/1322/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2023, ALONG WITH WP(C).30155/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
4
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
----------------------------------------------
Dated this the 25th day of August, 2023
JUDGMENT
These two writ petitions are connected and therefore, I
am disposing these writ petitions by a common judgment. The
prayers in these writ petitions are extracted hereunder:
W.P.(C). No.30155/2022
i. Issue a writ of certiorari calling upon the records
relating to Exhibits P10 issued by the 2 nd
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 in tune to the letter
dated 21.5.2019 (Exhibit P5) and letter dated
27.8.2019 (Exhibit P6) issued by the Ministry of
Railway 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
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
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.
v. To dispense with filing of the translation of
vernacular documents.
(SIC)
W.P.(C). No.4975/2023
(i) Issue a writ of Certiorari calling upon the records
relating to Exhibits 14 tender notification & P15
letter of award, issued by the 1 st and 2nd
respondents and quash the same.
(II) Issue a writ of Mandamus or any other writ, order
or direct or compelling the respondent no.4 to
declare the tender and award proceeded in
respect of the petitioner's minor catering unit is
illegal and nonest.
(III) Such other writ or order which may be deem fit,
just and necessary in the interests of justice.
(IV) To dispense with filing of the translation of
vernacular documents.
(SIC)
2. Petitioner in these cases was the licencee of a
Minor Catering Unit at Mangaore Junction Railway Station.
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
The petitioner earlier filed W.P.(C). No.5483/2022 in which this
Court passed Ext.P11 order in W.P.(C). No.4975/2023. The
above order is extracted hereunder:
"Admit.
2. ASGI takes notice for respondents 1 and 2.
It is submitted that the Catering Stall has not
been auctioned and allotted to any 3 rd party so far.
Pending the writ petition, there will be an interim
direction to permit the petitioner to open and operate
the Catering Stall (MAJN/49) on Platform No.1 at
Mangalore Junction Railway Station, till new tenders
are finalised. It is made clear that the petitioner will be
liable to pay licence fee as fixed in Ext.P1,
proportionately. The security deposit made by the
petitioner, if any, will be retained by the respondents
till then. It is made clear that this interim order will
not confer any right or privilege on the petitioner in
the fresh tender proceedings."
3. That writ petition is now dismissed as not pressed.
Now the petitioner submits that based on Ext.P5 in W.P.(C).
No.30155/2022 and Exts.P16 to P20 in W.P.(C). No.4975/2023,
he is entitled to continue the Minor Catering Unit.
4. It is an admitted fact that re-tender proceedings are
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
already initiated and the Unit is given to the 5 th respondent in
W.P.(C). No.4975/2023. I am of the considered opinion that
this Court need not interfere in that re-tender proceedings. If
there is any surviving grievance to the petitioner in these
cases, he is free to submit a representation before the 2 nd
respondent in W.P.(C). No.4975/2023 and if such a
representation is received, the 2nd respondent will consider the
same in accordance with law, after giving an opportunity of
hearing to the petitioner.
Therefore, these writ petitions are disposed of in the
following manner:
1. The petitioner is free to submit a representation
narrating his surviving grievance to the 2nd
respondent in W.P.(C). No.4975/2023, within two
weeks from the date of receipt of a stamped
certified copy of this judgment.
2. If such a representation is received, the 2 nd
respondent in W.P.(C). No.4975/2023 will
consider the same and pass appropriate orders
in it, after affording an opportunity of hearing to
the petitioner, as expeditiously as possible, at
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
any rate, within one month from the date of
receipt of the representation.
3. I make it clear that the re-tender proceedings
initiated by the Railway can continue and the
successful bidder can occupy the Unit.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
APPENDIX OF WP(C) 4975/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
14.6.2016.
Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE
2ND RESPONDENT ON 30.7.2021.
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.
ExhibitP7 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
Exhibit P8 A TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT DATED 17.1.2022.
Exhibit P9 A TRUE COPY OF THE LETTER ISSUED BY
THE PETITIONER DATED 2.2.2022 TO THE
2ND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT DATED 3.2.2022.
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HONOURABLE COURT IN
WP(C).NO. 5483/2022 DATED 25.2.2022
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER
PASSED IN WP(C).NO. 2249/2022 DATED
11.7.2022.
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED
27.9.2022 IN WP(C) 30155/2022 OF THE
HONOURABLE HIGH COURT OF KERALA.
Exhibit P14 A TRUE COPY OF THE TENDER NOTICE
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
INVITING THE BID ISSUED BY SOUTHERN
RAILWAY-PALAKKAD DIVISION IN RESPECT
OF THE CATERING STALL NO.MAJN/49 ON
PLATFORM NO.1 AT MANGALORE JUNCTION
RAILWAY STATION DATED NIL.
Exhibit P15 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT DATED 8.12.2022 IN FAVOUR
OF THE 5TH RESPONDENT.
Exhibit P16 A TRUE COPY OF THE LETTER ISSUED BY
THE NORTHERN RAILWAY ISSUED TO THE
SENIOR DIVISIONAL COMMERCIAL MANAGER
DATED 29.8.2019.
Exhibit P17 A TRUE COPY OF THE LETTER ISSUED BY
THE NORTH CENTRAL RAILWAY DATED
12.6.2019.
Exhibit P18 A TRUE COPY OF THE LETTER ISSUED BY
THE SOUTH EASTERN RAILWAY DATED
28.5.2019.
Exhibit P19 A TRUE COPY OF THE LETTER ISSUED BY
THE EAST COAST RAILWAY DATED 3.6.2019.
Exhibit P20 A TRUE COPY OF THE LETTER ISSUED BY
THE EASTERN RAILWAY TO ON CHANDAN RAJ
DATED 8.12.2022
Annexure I Copy of finalization of tender
proceedings
W.P.(C).Nos.30155 of 2022 & 4975 of 2023
APPENDIX OF WP(C) 30155/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
14.6.2016.
Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE
2ND RESPONDENT ON 30.7.2021.
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 NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021.
Exhibit P8 A TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT DATED 17.1.2022.
Exhibit P9 A TRUE COPY OF THE LETTER ISSUED BY
THE PETITIONER DATED 2.2.2022 TO THE
2ND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT DATED 3.2.2022.
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HONOURABLE COURT IN
WP(C).NO. 5483/2022 DATED 25.2.2022.
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER
PASSED IN WP(C). NO. 22499/ 2022 DATED
11.7.2022.
