A Abbas vs The Sr. Divisional Commercial ...
2023 Latest Caselaw 6029 Ker

Citation : 2023 Latest Caselaw 6029 Ker
Judgement Date : 9 June, 2023

Kerala High Court

A Abbas vs The Sr. Divisional Commercial ... on 9 June, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        WP(C) NO. 18679 OF 2023
PETITIONER:

            SRI.A ABBAS,
            AGED 52 YEARS,
            S/O SRI. A K BEERAN, NO:3, MUTHUKUMAR SWAMY STREET,
            RAILWAY STATION ROAD, ERODE, PIN - 638 001
            BY ADVS.
            ANIL S.RAJ
            RADHIKA RAJASEKHARAN P.
            K.N.RAJANI
            ANILA PETER
            MUHAMMED HARIS K.K.
            SIMI S. ALI
            SNEHA S. MENON
            ANN MARIA SAMUEL


RESPONDENTS:

    1       THE SR. DIVISIONAL COMMERCIAL MANAGER
            SOUTHERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH,
            THYCAUD, THIRUVANTHUPURAM, PIN - 695 014
    2       UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,
            SOUTHERN RAILWAY, CHENNAI, PIN - 600 003
            SRI.S.MANU, DSGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18679 OF 2023


                                     2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 18679 of 2023
     ----------------------------------------------
      Dated this the 09th day of June, 2023


                       JUDGMENT

The above writ petition is filed with the

following prayers:

"(a) a writ, order or direction in the nature of Mandamus, or such other writ, order or direction, directing respondents to permit the petitioner to operate Catering Stall No:SMU-04 on platform No:2/3 at Nagercoil Railway Station after 8.6.2023, after collecting appropriate license fees from the petitioner, till the same is awarded and handed over to a successful bidder subsequent to invitation of bids/tenders.

(b) a writ, order or direction in the nature of Mandamus or such other appropriate writ, order or direction directing the respondents to grant petitioner extension of time by a just and reasonable period by issuing a license for the purpose.

proceedings.

(d) direct the respondents to pay costs of the above proceedings.

(e) Dispense with filing of the translation of vernacular documents."[SIC]

2. According to the petitioner, he is the

licensee to operate a catering stall at Nagercoil

Railway Station. The license was awarded pursuant

to a tender proceedings. It is the case of the

petitioner that the petitioner paid license fee till

30.06.2023. It is submitted that, now the

respondents informed that the petitioner has to

close down the stall immediately because the

extended contract period is over. Hence this writ

petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned DSGI.

4. Counsel appearing for the petitioner

submitted that, no other licensee is appointed in the WP(C) NO. 18679 OF 2023

place of the petitioner and no tender proceedings

were also initiated. Till fresh tender proceedings is

initiated and the license is granted to others, the

petitioner may be allowed to continue. The

petitioner also relied on Exts.P8 and P9 judgments

in which similar directions are issued. The learned

DSGI opposed the prayer.

5. After hearing both sides and after going

through Exts.P8 and P9 judgments, I think there

can be a direction to the respondents to allow the

petitioner to continue the catering stall till new

tender proceedings is initiated and the work is

allotted to the new licensee. If any tender

proceedings is initiated by the respondents, the

petitioner is also free to participate in that tender

proceedings, if he is otherwise eligible. Till new

tender proceedings is initiated and the license is

issued based on the tender proceedings, the WP(C) NO. 18679 OF 2023

petitioner can be allowed to continue.

Therefore, this writ petition is disposed of in

the following manner:

i. The petitioner is allowed to continue

his catering stall at Nagercoil Railway Station till

new licensee is appointed by the respondents

on condition that the petitioner will pay license

fee and other charges, if any.

ii. Petitioner will produce a certified copy

of this judgment along with a copy of this writ

petition before the respondents.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18679 OF 2023

APPENDIX OF WP(C) 18679/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER OF AWARD BEARING NO: V/C.79/CS/NCJ/17 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 21.2.2017 EXHIBIT P2 TRUE COPY OF THE LETTER BEARING NO: V/C.79/CATERING/GENERAL/TVC-23 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13.3.2023 EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE DIVISIONAL CHIEF FINANCIAL OFFICE, TRIVANDRUM DIVISION DATED 11.4.2023 EXHIBIT P4 TRUE COPY OF RECEIPT BEARING NO:14066586 ISSUED BY THE DEPUTY STATION MANAGER (COMMERCIAL), SOUTHERN RAILWAY, NAGERCOIL JUNCTION TO THE PETITIONER DATED 11.4.2023 EXHIBIT P5 TRUE COPY OF LETTER BEARING NO:

V/C.79/CS/NCJ (SMU-04)/23 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 6.4.2023 EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 2.5.2023 EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 6.6.2023 EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P (C) NO: 5628/2017 OF THIS HON'BLE WP(C) NO. 18679 OF 2023

COURT DATED 22.2.2017 EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P (C) NO: 35945/2017 OF THIS HON'BLE COURT DATED 16.11.2017

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE