Kerala High Court
Vasanthakumari.P.G vs Union Of India on 20 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 25577 OF 2016
PETITIONER/S:
VASANTHAKUMARI.P.G., AGED:50 YEARS.
W/O RAJAGOPALAN K.K., KATTUPARAYIL HOUSE,
KARINILAM PO, KOTTAYAM DISTRICT
BY ADV SRI.MARTIN G.THOTTAN
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER
SOUTHERN RAILWAY, PARK TOWN PO, CHENNAI-600003
2 THE SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-
694014
3 THE STATION SUPERINTENDENT
SOUTHERN RAILWAY, CHENGANNUR RAILWAY STATION,
CHENGANNUR-686631
BY ADVS.
SRI.N.K.SUBRAMANIAN, SC, RAILWAYS
S. BIJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25577 OF 2016 2
JUDGMENT
Petitioner is the licensee for running a Snacks and Travel
Accessories Stall (TVC 40) in platform No.2 at Chengannur
Railway station. The writ petition is filed stating that the
respondents are taking hasty steps to terminate the license of
the petitioner without any notice. The petitioner has therefore
approached this Court challenging Ext.P2 communication
through which the petitioner has been informed that no further
extension of license can be granted to the petitioner and
requiring her to close down her stall from midnight of
30.06.2016. It is seen from the records of the case that no
interim orders have been granted in the writ petition.
2. The respondents had filed a statement through their
Standing Counsel where it is stated as follows:-
''4. Undisputably the petitioner's tenure to operate
the Snacks and Travel Accessoreis Stall (TVC 40) in
platform No.2 at Chengannur Railway Station had expired
way back in 2012. The petitioner was granted a further
extension of three years, which has also expired.
Thereafter, the petitioner was granted temporary
extensions from time to time till the finalisation of the
fresh tender that has been called, to award the operation
of the stall to a new contractor.
5. The tendering process was commenced nearly a
year back. Many persons had submitted their bids. The
credential bid verification in respect of the said stall has
been completed by the Tender Committee. 5 participants
have been short listed. The price bid of the tender would
be finalised by the 4th week of August, 2016 by the
competent Authority and the Letter of Award will be issued
to the successful bidder.
6. In the above circumstances, the respondents have
instructed that they cannot permit the petitioner to
operate the stall on ad-hoc basis as it may lead to
unwarranted litigation. The petitioner has no legal right to
demand to operate the Stall after the expiry of the
contractual period. The petitioner cannot seek the benefit
of orders/judgments passed by this Honourable court in
similar matters, wherein it was directed that the
Contractors be permitted to operate the Stalls until such
time the Tender is finalised. In the case on hand, as the
Tender proceeding has been finalised, the petitioner
cannot be given the similar benefit. The allegation that
Exhibit P2 is shocking and arbitrary is incorrect and
denied by the respondents.''
Having considered the contentions taken in the writ
petition and having perused the statement filed by the
respondents, it is clear that the petitioner has no right to
continue as a licensee of the Snacks and Travel Accessories Stall
(TVC 40) in platform No.2 of Chengannur Railway station. In the
circumstances set out in the statement filed on behalf of the
respondents, there is no illegality, whatsoever, in Ext.P2
communication. The writ petition fails and it is accordingly,
dismissed.
Sd/-
GOPINATH P.,
JUDGE
ajt
APPENDIX OF WP(C) 25577/2016
PETITIONER EXHIBITS
EXHIBIT:P1 TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER ON RECEIPT OF THE LICENSE FEE FOR
THE PERIOD FROM 1/4/16 TO 30/6/16
EXHIBIT:P2 TRUE COPY OF THE LETTER DT 30/6/16 ISSUED BY
THE 3RD RESPONDENT
