Mohammed Hasheem S vs Union Of India Represented By Secretary
2024 Latest Caselaw 12922 Ker

Kerala High Court

Mohammed Hasheem S vs Union Of India Represented By Secretary on 22 May, 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
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                       WP(C) NO. 13559 OF 2024


PETITIONER:

          MOHAMMED HASHEEM S
          AGED 48 YEARS
          SON OF SRI. SALIHA,
          PLOT NO. 10, HOUSE NO 3/1 21 STREET,
          KK NAGAR, THORAPPADI, VELLORE, PIN - 632002

          BY ADVS.
          ANIL S.RAJ
          K.N.RAJANI
          RADHIKA RAJASEKHARAN P.
          ANILA PETER
          SIMI S. ALI
          ARSHID.M.S.
          BAHADUR SHAH ANAKKOT NASIRALI
          ASHNA T ASHIK



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY
          MINISTRY OF RAILWAY (RAILWAY BOARD)
          CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001

    2     THE SR. DIVISIONAL COMMERCIAL MANAGER
          SOUTHERN RAILWAY, PALAKAD DIVISION,
          COMMERCIAL BRANCH, OLAVACODE,
          PALAKAD, PIN - 678002

          BY SRI.V.GIREESH KUMAR, CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13559 OF 2024

                                      2




                               T.R. RAVI, J.
                --------------------------------------------
                        W.P.(C). No.13559 of 2024
                 --------------------------------------------
                   Dated this the 22nd day of May, 2024

                                JUDGMENT

The petitioner is conducting a fruits stall in the Railway Station

platform. He has approached this Court seeking a direction to the 2 nd

respondent to extend the period of licence beyond 07.04.2024 and

permit him to operate the stall so long as the order of status quo

issued vide Exts.P3 to P5 is in force.

2. The respondents appeared and submitted that new

licenses have not so far been granted and tender proceedings have

just started.

The writ petition is hence disposed of directing the respondents

to permit the petitioner to function till the tender proceedings are

concluded and fresh licensees are appointed.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 13559 OF 2024

APPENDIX OF WP(C) 13559/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF LETTER OF AWARD (LOA) BEARING NO:J/C.79/TEND 2018/PGT-073/11 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 31.7.2018

Exhibit P2 TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25.3.2024

Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 21.5.2019 ISSUED BY THE 1ST RESPONDENT THROUGH ITS DIRECTOR (T&C), RAILWAY BOARD

Exhibit P4 TRUE COPY OF THE CIRCULAR DATED RAILWAY BOARD IS PRODUCED 27.8.2019 ISSUED BY THE 1ST RESPONDENT THROUGH ITS DIRECTOR (T&C)

Exhibit P5 TRUE COPY OF THE LETTER BEARING NO.2016/TG-

III/600/01 ISSUED BY THE GOVERNMENT OF INDIA/ MINISTRY OF RAILWAYS/ RAILWAY BOARD DATED 13.12.2021

Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE NORTHERN RAILWAY ISSUED TO THE SENIOR DIVISIONAL COMMERCIAL MANAGERS OF MURADABAD, LUCKNOW, AMBALA AND FEROZPUR, DATED 29.8.2019