Kerala High Court
B Vipinachandran @ B Vipin Chandran vs The Sr. Divisional Commercial Manager on 11 April, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 19165 OF 2023
PETITIONER:
B VIPINACHANDRAN @ B VIPIN CHANDRAN
AGED 62 YEARS
SON OF SRI. V BALAKRISHNA PANICKER,
MANJUSHA, SATHYA SAI NAGAR,
KALLEKULANGARA P.O,
PALAKAD, PIN - 678009
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 SENIOR DIVISIONAL COMMERCIAL MANAGER
DIVISIONAL OFFICE,
PALAKAD DIVISION, SOUTHERN RAILWAY,
KALLEKULANGARA P.O,
PALAKAD, PIN - 678009
2 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER,
SOUTHERN RAILWAY, CHENNAI,
PIN - 600003
ADDL.R3 ADDL.R3 IMPLEADED
P.K.SUNIL,
AGED 51 YEARS, S/O.KESAVAN,
M/S.SUNIL CATERING SERVICES,
THRISSUR, 317 PARAMEL BUILDING,
VELLANIKKARA (P0),
WP(C) NO. 19165 OF 2023
2
CHIRAKKAKODE;
THRISSUR-680654
[ADDL.R3 IS IMPLEADED AS PER ORDER DATED 01/04/2024
IN I.A-1/2024 IN WP(C) 19165/2023]
BY ADVS.
K.R.RAJKUMAR
SHREEJI R. NAIR
M.A.ZOHRA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19165 OF 2023
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.19165 of 2023
--------------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The writ petition has been filed seeking to quash Ext.P4 and for
a direction to the respondents to grant renewal of the licence to the
petitioner to operate the mutlipurpose stall on Platform No.4/5 at
Palakkad Junction Railway Station without having to participate in any
tendering/bidding process. The bid had already been invited and
confirmed in the name of the additional 3 rd respondent. Admittedly,
the additional 3rd respondent has been paying the licence fee for 3
quarters. The petitioner has also been paying the licence fee for the
said 3 quarters but at the rate which he was paying earlier. There is
a huge difference in the licence fee which had been quoted by the
additional 3rd respondent. The parties have now arrived at a
compromise whereby the additional 3rd respondent is willing to move
out from the contract on being paid the amounts that he had
expended towards licence fee. Respondents 1 and 2 are willing to pay
back the amounts paid by the additional 3rd respondent, provided the
petitioner pays the balance amount of the licence fee for the said 3
WP(C) NO. 19165 OF 2023
quarters so as to make the total licence fee paid to the respondents 1
and 2 equal to the licence fee which had been quoted by the
additional 3rd respondent.
The above submission is recorded. This writ petition is disposed
of directing the petitioner to pay the balance as aforesaid to the
respondents 1 and 2 and continue to pay the licence fee as quoted by
the additional 3rd respondent for the future "quarters". The
respondents 1 and 2 shall on receipt of the amount pay off the
amounts which have been remitted by the additional 3 rd respondent.
Respondents 1 and 2 shall inform the petitioner about the amount
which will be payable within three weeks from today and the said
amount shall be paid by the petitioner in two equal instalments; the
first instalment becoming payable on the 14 th day on which the
information is received from the respondents 1 and 2 and the balance
to be paid within one month thereafter.
- Sd/-/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 19165 OF 2023
APPENDIX OF WP(C) 19165/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF LETTER BEARING NO:
J/C.41/PGT/4 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER DATED 27.11.2017
Exhibit P2 TRUE COPY OF LETTER BEARING NO:
J/C.93/PGT/BVC ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER DATED 13.8.2021
Exhibit P3 TRUE COPY OF REPRESENTATION SUBMITTED BY
THE PETITIONER TO THE 1ST RESPONDENT DATED
18.1.2023
Exhibit P4 TRUE COPY OF LETTER BEARING NO:
J/C.93/MPS/PGT/BVC ISSUED BY 1ST RESPONDENT
TO PETITIONER DATED 20.2.2023
Exhibit P5 TRUE COPY OF THE COMMERCIAL CIRCULAR NO: 22
OF 2017 ISSUED BY THE RAILWAY BOARD TO ITS
GENERAL MANAGERS IN ALL ZONES DATED
15.3.2017
Exhibit P6 TRUE COPY OF THE TENDER ISSUED BY PALAKKAD
DIVISION OF SOUTHERN RAILWAY DATED NIL
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P (C) NO:
5628/2017 OF THIS HON'BLE COURT DATED
22.2.2017
Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P (C) NO:
35945/2017 OF THIS HON'BLE COURT DATED
16.11.2017
RESPONDENT ANNEXURES
ANNEXURE R1(A) THE TRUE COPY OF THE AUCTION CATALOGUE
PUBLISHED BY THE SENIOR DIVISIONAL
COMMERCIAL MANAGER, PALAKKAD, DATED 14-07-
WP(C) NO. 19165 OF 2023
ANNEXURE R1(B) THE TRUE COPY OF THE BID SHEET SHOWING THE
DETAILS OF THE HIGHEST BIDDER DETAILS DATED
02-08-2023
ANNEXURE R1(C) THE TRUE COPY OF THE AGREEMENT ENTERED INTO
BETWEEN THE SUCCESSFUL BIDDER AND THE 1ST
RESPONDENT OFFICE DATED NIL
ANNEXURE R1(D) THE TRUE COPY OF THE CONTRACT AGREEMENT
GENERATED FROM THE SYSTEM DATED 02.08.2023
ANNEXURE R1(E) THE TRUE COPY OF THE STANDARD CONDITIONS OF
CONTRACT FOR THE CONTRACTS AWARDED THROUGH
E- AUCTION DATED NIL
ANNEXURE R1(F) THE TRUE COPY OF THE LETTER RECEIVED BY THE
1ST RESPONDENT FROM M/S SUNIL CATERING
SERVICES DATED 08-08-2023
ANNEXURE R1(G) THE TRUE COPY OF THE LETTER NO. SCS/PGT-
1/14823 DATED 14-08-2023 RECEIVED BY THE
1ST RESPONDENT FROM M/S SUNIL CATERING
SERVICES
ANNEXURE R1(H) THE TRUE COPY OF THE LETTER NO. SCS/PGT-
1/061123 DATED 06-11-2023 RECEIVED BY THE
1ST RESPONDENT FROM M/S SUNIL CATERING
SERVICES
