Kerala High Court
M.Abdul Salam vs Union Of India on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(C) NO. 15953 OF 2024
PETITIONER/S:
M.ABDUL SALAM
AGED 24 YEARS, S/O K.M.MUSTHAFFA, NO.435, EMM MAIN
STREET, OPPOSITE TO DIESEL SHED, CHNNIMALAI ROAD,
ERODE, CHENNAI - 638001
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS,
(RAILWAY BOARD) CENTRAL SECRETARIAT, NEW DELHI - 110001
2 SOUTHER RAILWAY REPRESENTED THROUGH ITS, SENIOR
DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY,
DIVISION OFFICE, COMMERCIAL BRANCH, PALAKKAD DISTRICT -
678002
3 SENIOR DIVISIONAL COMMERCIAL MANAGER,
SOUTHERN RAILWAY, DIVISION OFFICE,COMMERCIAL BRANCH,
(PALAKKAD DIVISION), PALAKKAD DISTRICT - 678002
SRI T C KRISHNA FOR UNION OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.15953 OF 2024
2
JUDGMENT
Dated this the 16th day of April, 2024
The petitioner in this writ petition has been awarded with a
contract for a period of five years for running minor catering
platform No.2/3 bearing Stall No.PGT - 068 at Palakkad Junction
Railway Station. The starting date of the contract is from 30.03.2023
to 30.03.2028. The license fee for the contract is Rs.11,07,786/- per
annum, with a periodical increase of 10% for fourth and fifth years.
The security amount remitted by the petitioner is Rs.1,72,815/- as
per Ext.P1 letter of award.
2. The learned Counsel for the petitioner submits that the
terms and conditions of the tender, following the award were
reduced in writing as per Ext.P2 agreement. Hence the third
respondent issued Ext.P3 demand notice to remit the licence fee for
the period from 30.03.2024 to 29.03.2025. The petitioner requested
the third respondent to grant reasonable time to remit the licence
fee and also submitted a representation dated 13.04.2024 to remit
the balance outstanding with 18% penal interest. But the third
respondent directed the petitioner to close down the unit.
3. I have heard the learned counsel for the petitioner and
the learned counsel for the respondent.
W.P.(C) No.15953 OF 2024
4. Having regard to the circumstances of the case and the
situation now prevailing, I am of the view that a direction can be
issued to the petitioner to pay an amount of Rs.1,00,000/- today itself
towards the license fee.
Accordingly, the petitioner is allowed to remit the outstanding
amount in three instalments. Out of the first instalment,
Rs.1,00,000/- (Rupees One Lakh Only) shall be paid today itself and
on paying such amount, the petitioner shall be permitted to continue
with the minor catering unit. The balance amount due on the first
EMI shall be paid on or before 30.04.2024. The remaining two
instalments shall be paid on before the last day of the succeeding
months.
The Writ Petition is disposed of accordingly.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
W.P.(C) No.15953 OF 2024
APPENDIX OF W.P.(C) No. 15953/2024
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE SOUTHERN RAILWAY DATED
28.02.2023 TO THE PETITIONER
Exhibit -P2 A TRUE COPY OF THE MASTER LICENSE
AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE 3RD RESPONDENT DATED
04.07.2023
Exhibit -P3 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 14.03.2024 TO THE
PETITIONER
Exhibit -P4 A TRUE COPY OF THE REPRESENTATION DATED
13.04.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit -P5 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 29381/2016 DATED 02.09.2016 OF THIS
HON'BLE COURT.
Exhibit - P6 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
10745/2018 ALONG WITH OTHER CONNECTED
MATTERS DATED 02.04.2018 OF THIS
HONOURABLE COURT
