John Joseph vs Southern Railway
2023 Latest Caselaw 6744 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 20049 OF 2023
PETITIONER:

          JOHN JOSEPH
          AGED 60 YEARS, S/O JOSEPH, KOTTUPALLIL PARACKAL HOUSE,
          ALLIANCE STREET, MANNUTHI P.O, THRISSUR DISTRICT,
          PIN - 680651
          BY ADVS.
          K.SANEESH KUMAR
          V.B.SANTHINI


RESPONDENTS:

    1     SOUTHERN RAILWAY
          REPRESENTED THROUGH ITS- SENIOR DIVISIONAL COMMERCIAL
          MANAGER, THIRUVANANTHAPURAM CENTRAL,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695014
    2     SENIOR DIVISIONAL COMMERCIAL MANAGER
          THIRUVANANTHAPURAM CENTRAL,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695014
    3     THE UNION OF INDIA
          REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS,
          (RAILWAY BOARD) CENTRAL SECRETARIAT, NEW DELHI,
          PIN - 110001
          BY ADV S.MANU - DSGI



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20049 OF 2023


                                      2



              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 20049 of 2023
     ----------------------------------------------
      Dated this the 20th day of June, 2023


                         JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) Issue a writ of Mandamus or any other writ, order or direct compelling the respondents 1 and 2 to consider the Exhibit P3 representation for renewal of license, submitted by the petitioner in a time bound manner.

(ii) Issue a writ of Issue a writ of Mandamus or any other writ, order or direct compelling the respondents 1 and 2 to permit the petitioner to continue with running of the catering unit awarded as per Exhibit P1, till a final decision is taken for the renewal of the license period.

(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 WP(C) NO. 20049 OF 2023

translation of vernacular documents." [SIC]

2. The petitioner is a catering contractor

engaged in the business of conducting refreshment

rooms at Railway Stations, catering services under

the Southern Railway. It is the case of the petitioner

that he has been doing the business for the last 15

years. The petitioner has been awarded with the

contract to operate, manage and supply catering

services through the catering stall at Trichur Railway

Station at Platform No.1 for a period of five years as

per Ext.P1 award by respondent Nos. 1 and 2. The

aforementioned catering unit is awarded under the

quota of a Special Minor Unit Category, is the

submission. The petitioner entered into the

agreement with the 1st respondent as per Ext.P2. It

is submitted that the licence fee at the rate of

Rs.4,01,500/- per month and the security deposit WP(C) NO. 20049 OF 2023

were also paid. The period of licence was from

17.08.2017 to 16.08.2022. Subsequently it was

extended till 17.06.2023. The petitioner submitted a

representation for renewal of licence before the 2 nd

respondent from 17.06.2023 as evident by Ext.P3.

The grievance of the petitioner is that the same is

not considered. It is also submitted that the

petitioner is entitled to get the benefit of Ext.P4

Circular. Hence, the writ petition.

3. Heard the learned counsel appearing for

the petitioner and the learned Deputy Solicitor

General of India.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P3. It is submitted by

the petitioner that the petitioner may be allowed to

continue the stall till Ext.P3 is considered. This is

opposed by the learned Deputy Solicitor General of WP(C) NO. 20049 OF 2023

India. But, for the convenience of the general

public, I think the stall can be allowed to continue

on condition that the petitioner will pay the

enhanced licence fee fixed by the respondents till

Ext.P3 is considered. I make it clear that I have not

considered the matter on merits, the respondents

are free to pass appropriate orders, in accordance

with law.

Therefore, this writ petition is disposed of in

the following manner:

i. The 1st respondent or the competent

authority among the respondents will consider

and pass appropriate orders in Ext.P3, after

giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within a period of six weeks from the date

of receipt of a certified copy of this judgment.

ii. Till Ext.P3 is considered by the WP(C) NO. 20049 OF 2023

competent authority as directed above, the

petitioner is allowed to continue the stall on

condition that the petitioner will pay the

enhanced licence fee fixed by the respondents.

iii. The petitioner will produce a certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN SK JUDGE WP(C) NO. 20049 OF 2023

APPENDIX OF WP(C) 20049/2023

PETITIONER'S EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE SOUTHERN RAILWAY DATED 21.2.2017.

EXHIBIT P2 A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT ON 21.11.2017.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SEEKING RENEWAL OF LICENSE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.6.2023 EXHIBIT P4 A TRUE COPY OF THE COMMERCIAL CIRCULAR NO.22 OF 2017 DATED 15.3.2017 ISSUED BY THE MINISTRY OF RAILWAYS (RAILWAY BOARD).

RESPONDENTS EXHIBITS : NIL