Kerala High Court
Rajendra Kumar Ravindrapal Mangla vs Southern Railway on 5 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
WP(C).No.38257/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
WP(C) NO. 38257 OF 2024
PETITIONER:
RAJENDRA KUMAR RAVINDRAPAL MANGLA
AGED 59 YEARS
S/O RAVINDRA PAL MANGLA, FLAT NO.1804, BUILDING
NO.5, SAPHIRE HEIGHT C.H.S.L, NEAR LOKHANDWALA
FOUNDATION SCHOOL, AKURLI ROAD, LOKHANDWALA
TOWNSHIP, KANDIVALI (E), MUMBAI, PIN - 400101
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS:
1 SOUTHERN RAILWAY
SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN
RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH,
(PALAKKAD DIVISION) PALAKKAD DISTRICT,
PIN - 678002
WP(C).No.38257/2024
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2 SENIOR DIVISIONAL COMMERCIAL MANAGER
SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL
BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT,
PIN - 678002
3 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
RAILWAYS,(RAILWAY BOARD), CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110001
4 THE PRINCIPAL CHIEF COMMERCIAL MANAGER
HEADQUARTERS OFFICE, COMMERCIAL BRANCH,
CHENNAI, PIN - 600003
BY ADV MINI GOPINATH
OTHER PRESENT:
SMT. MINI GOPINATH FOR CGC.
DSGI IN CHARGE T.C. KRISHNA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON 05.11.2024 DELIVERED
THE FOLLOWING:
WP(C).No.38257/2024
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V.G.ARUN, J
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W.P.(C).No.38257 of 2024
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Dated this the 5th day of November, 2024
JUDGMENT
Petitioner is a catering contractor and was awarded the
licence for conducting catering stall at Shornur Junction
Railway Station. The petitioner's catering stall comes under
the category of General Minor Units as per Clause C of Ext.P2
agreement. According to the petitioner, by virtue of the
judgment of the Supreme Court, followed by an interim order of
the High Court of Delhi and consequential orders issued by the
Ministry of Railways, licencees of General Minor Units are
entitled to conduct their stalls until the Railway Board issues an
order limiting the licence to a particular period. It is therefore
contended that, termination of petitioner's licence on the
premise that there is no provision for continuation of General
Minor Units, except those conducted by Co-operative Societies,
Partnership firms and Hindu Undivided Families, is illegal.
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2. Heard Adv.Saneesh Kumar K appearing for the
petitioner and Adv.Mini Gopinath for the respondents.
3. Indisputably, the petitioner had approached this Court
earlier in W.P.(C).No.5047 of 2023, raising the very same
contentions. The challenge therein was against the refusal to
extend the period of licence of another General Minor Unit.
After elaborate consideration of the contentions and detailed
scrutiny of the judgment of the Supreme Court, interim order of
the High Court of Delhi and consequential orders issued by the
Ministry of Railways, the writ petition was dismissed, holding
that Co-operative Societies, Partnership firms and Hindu
Undivided Families alone are eligible for renewal of licence.
Being so, the challenge raised in this writ petition is also liable
to be rejected.
In the result, the writ petition is dismissed.
sd/-
V.G.ARUN, JUDGE
sj
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APPENDIX OF WP(C) 38257/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD
ISSUED BY THE 2ND RESPONDENT DATED
19.7.2016.
Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE 2ND
RESPONDENT ON 16.4.2021 ALONG WITH ITS
TRUE TYPED COPY.
Exhibit P3 - A TRUE COPY OF THE JUDGMENT BY THE
HONOURABLE SUPREME COURT IN WRIT
PETITION(C) NO.373/2017 DATED
30.10.2018.
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C)13809/2018 BY THE HIGH COURT OF
DELHI DATED 15.3.2019.
Exhibit P5 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 21.5.2019.ALONG
WITH ITS TRUE TYPED COPY.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED29.8.2019.ALONG
WITH ITS TRUE TYPED COPY.
Exhibit P7 A TRUE COPY OF THE
REPRESENTATION/RENEWAL OF LICENSE
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 28.7.2023.
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Exhibit P8 A TRUE COPY OF THE NOTICE/DIRECTION
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT DATED 9.8.2023.
Exhibit P9 A TRUE COPY OF THE LETTER NO.2016/TG-
III/600/01 ISSUED BY THE GOVERNMENT OF
INDIA/ MINISTRY OF RAILWAYS/ RAILWAY
BOARD DATED 13.12.2021
Exhibit P10 A TRUE COPY OF THE TENDER NOTIFICATION
ISSUED BY THE SOUTHERN RAILWAY IN
RESPECT OF THE CATERING STALL (GMU)
SRR-053 DATED 5.9.2023
Exhibit P11 A TRUE COPY OF THE ORDER PASSED IN
WP(C) 13118/2023 BY THE HONOURABLE
DELHI HIGH COURT ON 9.10.2024.
Exhibit P12 COPY OF THE LETTER ISSUED BY THE
NORTHERN RAILWAY ISSUED TO THE SENIOR
DIVISIONAL COMMERCIAL MANAGER DATED
29.8.2019.
Exhibit P13 A TRUE COPY OF THE LETTER ISSUED BY THE
NORTH CENTRAL RAILWAY DATED 12.6.2019.
Exhibit P14 A TRUE COPY OF THE LETTER ISSUED BY THE
SOUTH EASTERN RAILWAY DATED 28.5.2019
Exhibit P15 A TRUE COPY OF THE LETTER ISSUED BY THE
EAST COAST RAILWAY DATED 3.6.2019.
Exhibit P16 A TRUE COPY OF THE LETTER ISSUED BY THE
EASTERN RAILWAY TO ONE CHANDAN RAJ
DATED 8.12.2022
