P N Sathyapalan vs The Senior Divisional Commercial ...
2024 Latest Caselaw 27720 Ker

Kerala High Court

P N Sathyapalan vs The Senior Divisional Commercial ... on 13 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                             2024:KER:70326

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946

                          WP(C) NO. 31943 OF 2024

PETITIONER:

            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.
            BAHADUR SHAH ANAKKOT NASIRALI
            SARITHA K.S.




RESPONDENTS:

    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   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 31943 of 2024
                                        2
                                                          2024:KER:70326



                              JUDGMENT

Dated this the 13th day of September, 2024

The petitioner was granted the licence to operate

a catering stall at Shornur Railway Station for a period of

5 years, ending on 24.07.2026. Pursuant to an

allegation regarding the presence of a lizard in the food

supplied by the petitioner, he was issued with Ext.P5

show cause notice. Thereupon, the petitioner submitted

Ext.P6 explanation. The challenge in this writ petition is

against Ext.P7 order, terminating the petitioner's licence.

2. Among the various contentions raised by

the learned Counsel for the petitioner and the learned

DSGI-in-charge, I find merit to the contention that,

before termination, no opportunity of hearing was

afforded to the petitioner.

The writ petition is hence disposed of, quashing

Ext.P7 and directing the competent among the

respondents to finalize the proceedings initiated as per

2024:KER:70326

Ext.P5, after affording an opportunity of hearing to the

petitioner. Till such time, the petitioner's food stall shall

not be demolished.

Sd/-

V.G.ARUN JUDGE ARK

2024:KER:70326

APPENDIX OF WP(C) 31943/2024

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 TO THE PETITIONER

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 AUCTION NOTICE DATED 9.9.2024 POSTED ON THE STALL

RESPONDENT ANNEXURES

ANNEXURE R1(a) TRUE COPY OF STATEMENT GIVEN BY SHRI.

K.M.JIGESH DATED 23.07.2024