Kerala High Court
P.N. Sathyapalan vs The Senior Divisional Commercial ... on 3 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:73239
WP(C) NO. 34548 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 34548 OF 2024
PETITIONER/S:
P.N. SATHYAPALAN
AGED 61 YEARS
SON OF MR. ARAVINDAN, PONNULLI HOUSE, NEDUMPARA PO,
THRISSUR, PIN - 679531.
BY ADVS.
ANIL S.RAJ
K.N.RAJANI
RADHIKA RAJASEKHARAN P.
ANILA PETER
SIMI S. ALI
ARSHID.M.S.
SARITHA K.S.
RESPONDENT/S:
1 THE SENIOR DIVISIONAL COMMERCIAL MANGER, SOUTHERN
RAILWAY
DIVISIONAL OFFICE, COMMERCIAL BRANCH, KOZHIKODE -
PALAKKAD HIGHWAY, KALLEKKULANGARA, OLAVAKODE, PALAKKAD,
KERALA, PIN - 678002.
2 THE DEPUTY COMMERCIAL MANAGER
SHORNUR RAILWAY STATION, SHORNUR, PIN - 679001.
SRI. T.C. KRISHNA, DSGI IN CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:73239
WP(C) NO. 34548 OF 2024 2
JUDGMENT
The petitioner was issued with licence to operate a
catering stall at Shornur Junction Railway Station. While so,
a complaint was raised by a passenger that a dead frog was
found in the food served from the petitioner's stall. The
petitioner was thereupon issued with a show cause notice,
followed by an order, terminating the contract and directing
removal of his stall. Alleging that the termination order was
passed without providing an opportunity of hearing, the
petitioner preferred W.P.(C) No.31943 of 2024. That writ
petition was disposed of, directing the respondents to grant
an opportunity of hearing to the petitioner. Accordingly a
hearing was conducted on 27.9.2024 and the present
impugned order passed, affirming the earlier order of
termination.
2024:KER:73239
2. The learned counsel for the petitioner contended
that the petitioner's explanation is not adverted to in the
impugned order and, the order is passed based on reasons
which were hitherto not mentioned or brought to the
petitioner's notice. The order is also challenged on the
ground that, deficiency in service would attract only penalty
in the first instance and licence can be terminated only on
recurrence of deficiencies.
3. The learned Central Government Counsel submits
that the writ petition is not maintainable in view of the
alternative remedy, by way of appeal and provision for
arbitration, contained in the Master Circular.
4. Having heard the counsel, this Court does not find
any extraordinary circumstance, warranting invocation of the
writ jurisdiction, particularly in view of the alternative
remedies available to the petitioner. The earlier order was set
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aside as it was passed in violation of the principles of natural
justice. The present impugned order having been passed
after hearing the petitioner, his remedy is to challenge the
order before the appropriate forum.
The writ petition is hence dismissed, leaving it open
for the petitioner to approach the proper forum.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:73239
APPENDIX OF WP(C) 34548/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF AWARD BEARING
NO:J/C.79/TENDER-2016/SRR-013 DATED 13.5.2016
ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE RENEWAL ORDER DATED
24.7.2023 OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 22.6.2024.
Exhibit P4 TRUE COPY OF THE STATEMENT DATED 22.6.2024.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 9.7.2024 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
29.7.2024 SUBMITTED BY THE PETITIONER.
Exhibit P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT
DATED 28.8.2024.
Exhibit P8 TRUE COPY OF THE NOTE DATED 27.9.2024
SUBMITTED BY THE PETITIONER AT THE HEARING.
Exhibit P9 TRUE COPY OF THE ORDER DATED 27.9.2024 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF THE RELEVANT PAGE OF
REGISTRATION CERTIFICATE ISSUED UNDER FSS
ACT, 2006 TO SMT. SANDHYA, M/S VISHNUMAYA
FOOD PRODUCTS.
Exhibit P11 TRUE COPY OF THE LETTER
NO:C/SECR/BSP/CATG/IRCTC/POLICY DATED
18.9.2023 ISSUED BY THE PRINCIPAL CHIEF
COMMERCIAL MANAGER, SOUTH EAST CENTRAL
RAILWAY TO THE GROUP GENERAL MANAGER, IRCTC,
SOUTH ZONE, SECUNDERABAD.
