Kerala High Court
M/S.Kay Vees Bakes `N’ Drinks vs Union Of India on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 13308 OF 2023
PETITIONER:
M/S.KAY VEES BAKES `N' DRINKS
DOOR NO.12/1733, KAYEES COMPLEX,
NARANGAPURAM, TELLICHERRY-670101,
REPRESENTED BY ITS MANAGING PARTNER,
SHABEEB V., AGED 30 YEARS,
S/O. KASIM VELLAVOOR,
RESIDING AT VELLAVOOR MENAPROM,
MEKKUNNU P.O., PERINGATHUR S.O,
KANNUR, KERALA-670675.
BY ADVS.
UMMUL FIDA
C.IJLAL
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF RAILWAYS,
RAIL BHAVAN, 256-A, RAISINA ROAD,
RAJPATH AREA, CENTRAL SECRETARIAT,
NEW DELHI- 110001
2 THE RAILWAY BOARD
INDIAN RAILWAY, 256-A,
RAIL BHAVAN, RAISINA ROAD,
NEW DELHI - 110001,
REPRESENTED BY ITS CHAIRPERSON
3 GROUP GENERAL MANAGER
INDIAN RAILWAY CATERING &
TOURISM CORPORATION LTD.,
SOUTHERN ZONE, 6A,
THE RAIN TREE PLACE, NO.9,
MC NICHOLAS ROAD, CHENNAI - 600031
4 THE SENIOR DIVISIONAL COMMERCIAL MANAGER
WP(C) NO. 13308 OF 2023
2
SOUTHERN RAILWAY, PALAKKAD DIVISION,
PALAKKAD - 678002
5 REGIONAL MANAGER
INDIAN RAILWAY CATERING & TOURISM
CORPORATION LTD., SOUTHERN RAILWAY,
ERNAKULAM - 682016
BY ADV ASHA CHERIAN - R3 AND R5
SR.S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 13308 OF 2023
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13308 of 2023
----------------------------------------------
Dated this the 22nd day of June, 2023
JUDGMENT
The above writ petition is filed with the
following prayers:
"(I) issue a writ of mandamus or any
other appropriate writ, order or direction directing
the 4th respondent to return the security deposit
and EMD deposited by the petitioner within a
stipulated time period
(II) issue a writ of mandamus or any
other appropriate writ, order or direction
directing the 3rd respondent to take necessary
action on Exhibit P-21 request within a stipulated
time period;
(III) grant any other relief, in the interest
of justice, which this Hon'ble Court deems fit in
the facts and circumstances of the case;"[SIC]
2. The petitioner registered a partnership
WP(C) NO. 13308 OF 2023
firm in the name Kay Vees Bakes `N' Drinks and is
conducting its business by providing Bakery items
and food products at various places in Kerala. It is
submitted that the 4th respondent issued tender
notification dated 09/12/2015 inviting applications
for operating non-vegetarian refreshment room at
Kasaragod railway station for a period of 5 years.
The petitioner participated in the tender and was
awarded with the tender is the submission. The
security deposit for the license was fixed as
Rs.22,71,650/-. The security deposit for the license
as Rs.21,84,650/- was created after deducting the
EMD. It is submitted that, on running the catering
stall, the petitioner was not able to generate profit
as expected. Considering the loss suffered in
running the business, the petitioner decided to close
down the stall by issuing a communication stating
WP(C) NO. 13308 OF 2023
the same as per the terms of the contract. It is
submitted that, as per the terms of the contract, the
termination of the license can be done either by the
Railway or the licensee to the agreement without
assigning any reasons by giving 6 months prior
notice in writing and the security deposit shall be
returned within a period of 90 days after the
termination of the contract adjusting the liability, if
any. It is submitted that, though 90 days is over, no
amount was repaid to the petitioner as agreed in the
contract after deducting the liability, if any. The
petitioner made request for the return of the EMD
and security deposit before the 3rd and 4th
respondents. The 3rd respondent has not issued any
communication or taken any action on the request
of the petitioner is the submission. Hence this writ
petition is filed.
WP(C) NO. 13308 OF 2023
3. Heard the learned counsel appearing for
the petitioner, the learned DSGI and the learned
counsel appearing for respondents 3 and 5.
4. After hearing both sides, I am of the
considered opinion that, these are matters to be
represented before the 3rd and 4th respondents. The
petitioner can submit a representation narrating the
grievance raised in this writ petition before the 3 rd
and 4th respondents, within a time frame and if such
a representation is received, there can be a direction
to the 3rd and 4th respondents to consider the same,
after giving an opportunity of hearing to the
petitioner and can also direct to disburse the legally
eligible amount as per the agreement, if any, to the
petitioner.
Therefore, this writ petition is disposed of in
the following manner:
WP(C) NO. 13308 OF 2023
i. The petitioner is free to submit a
representation narrating the grievance raised in
this writ petition before the 3rd and 4th
respondents, within a period of three weeks
from the date of receipt of a certified copy of
this judgment.
ii. Once such a representation is
received, the 3rd and 4th respondents or their
competent authority will consider the same and
pass appropriate orders in it, 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
the representation.
iii. Based on the above order, if any
amount is due to the petitioner, the competent
authority among the respondents 3 and 4 will
WP(C) NO. 13308 OF 2023
disburse the amount forthwith.
iv. Petitioner will produce a certified copy
of this judgment along with a copy of the writ
petition before the 3rd and 4th respondents for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 13308 OF 2023
APPENDIX OF WP(C) 13308/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF
LETTER OF AWARD DATED 29/04/2016
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION
DATED 02/06/2016 ISSUED BY THE
PETITIONER TO THE 4TH RESPONDENT
WITH REGARD TO THE SECURITY DEPOSIT
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION
DATED 02/06/2016 ISSUED BY THE
PETITIONER TO THE 4TH RESPONDENT
WITH REGARD TO THE FIRST-YEAR
LICENSE FEE
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION
DATED 19/10/2016 ISSUED BY THE
PETITIONER TO THE 4TH RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION
DATED 05/10/2017 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION
DATED 05/10/2017 ISSUED BY THE
PETITIONER TO THE 5TH RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION
DATED 02/11/2017 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION
DATED 01/12/2017 ISSUED BY THE 5TH
RESPONDENT
WP(C) NO. 13308 OF 2023
EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION
DATED 15/12/2017 FROM THE PETITIONER
TO THE 5TH RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION
DATED 02/01/2018 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED
14/02/2018 FROM THE PETITIONER TO
THE GROUP GENERAL MANAGER
EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED
16/04/2018 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS DATED
17/04/2018
EXHIBIT P14 A TRUE COPY OF THE LETTER DATED
23/04/2018 SUBMITTED BY THE
PETITIONER TO 3RD RESPONDENT
EXHIBIT P15 A TRUE COPY OF THE LETTER DATED
08/05/2018 COMMUNICATED BY THE
PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P16 . A TRUE COPY OF THE COMMUNICATION
DATED 8/08/2018 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
EXHIBIT P17 A TRUE COPY OF THE COMMUNICATION
DATED 16/10/2018 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P18 A TRUE COPY OF THE COMMUNICATION
DATED 16/10/2018 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P19 A TRUE COPY OF THE REQUEST DATED
WP(C) NO. 13308 OF 2023
28/03/2019 SUBMITTED BY THE
PETITIONER
EXHIBIT P20 A TRUE COPY OF THE COMMUNICATION
DATED 19/2/2020 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P21 TRUE COPY OF THE LETTER DATED
04/10/2021 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
