Madras High Court
B. Abbas vs The Senior Divisional Commercial ... on 20 October, 2021
WP No.20944 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 20944 of 2021
and
WMP No. 22215 of 2021
B. Abbas .. Petitioner
Versus
The Senior Divisional Commercial Manager
Southern Railway
Salem Division
Commercial Branch
Salem 636 005 .. Respondent
Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus directing the respondent herein to grant license in
favour of the petitioner for operating the catering stall on PF 3/4, Coach
position 9/10 towards SRR at Coimbatore Railway Station till tenders are
called for, for grant of license.
For Petitioner : Mr. Ar.L. Sundaresan, Senior Advocate
for Ms.Al. Ganthimathi
For Respondent : Mr. P.T. Ramkumar
ORDER
The prayer made in this writ petition is to issue a Writ of Mandamus
directing the respondent to grant license in favour of the petitioner for
operating the catering stall on PF 3/4, Coach position 9/10 towards SRR at
Coimbatore Railway Station till tenders are called for to grant license.
https://www.mhc.tn.gov.in/judis
WP No.20944 of 2021
2. According to the petitioner, he is a Railway Catering contractor
having catering stalls under the Southern Railway in various places. He also
participated in the tender for award of license for operating catering stall on
Platform No.3/4 Coach position 9/10 towards SRR at Coimbatore Railway
Station and was declared as the highest bidder. Therefore, on 09.09.2015 a
letter of award was granted to him for operating the catering stall for a period
of 5 years under OBC Category at a provisional license fee of Rs.4,09,200/-
per annum. However, due to Covid 19 pandemic, a national lockdown was
announced and as per the instructions from the Railway Authorities, the said
unit was closed on 23.03.2020 when actually seven months were left before
completion of the contract period. On 06.12.2020, the said stall was reopened
on a special modified license fee imposed by the respondent. While so, on
17.09.2021, the petitioner made a representation requesting to permit him to
open his unit till the finalization of the tender and award of licence in favour of
the prospective bidder, however, the said representation dated 17.09.2021 of
the petitioner has not been considered till date. Finding no other option, he
has come up with this writ petition for the aforesaid relief.
3. Today, when the writ petition is taken up for consideration, the
learned Senior counsel for the petitioner produced a copy of the
https://www.mhc.tn.gov.in/judis
WP No.20944 of 2021
communication dated 01.10.2021 issued by the Assistant Commercial
Manager - I on behalf of the respondent, wherein it is stated as follows:-
"In pursuant to the judgment delivered by Honourable
Supreme Court on 29.01.2016 in Civil Appeal No. 618-
620/2016 (SLP (C) No. 9921-23/2014) Railway Board vide
Circular CC 22 of 2017 issued direction for renewal of catering
contract as per Catering Policy 2010. As such you are eligible
for renewal of the contract duly abiding the conditions
mentioned thereof in CC 22 of 2017.
This office vide letter even No. dated 21.09.202 have
advised you to submit your willingness for renewal of the
contract as per CC 22 of 2017 within a week's time. Vide letter
referred above you have requested this office for permission to
operate the unit till such time new contract is awarded.
In this regard, it is informed that as per existing policy in
vogue, extension of catering licence is governed by Railway
Board Circular CC 22 of 2017. Hence your request to operate
the unit further on temporary basis is deeply regretted.
However, you have been given an opportunity of renewal of
contract as per CC 22 of 2017 conditions. You are once again
advised to submit your willingness along with the affidavit for
renewal of contract. Your request made reference No. (1) is
disposed thereof."
4. The learned Senior Counsel for the petitioner submits that no
tender has been called for till date for award of license of the catering stall, for
which, the learned standing counsel appearing for the respondent submitted
that the authorities already called for tender and it is always open to the
petitioner to participate.
https://www.mhc.tn.gov.in/judis
WP No.20944 of 2021
5. Recording the submission so made by the learned counsel
appearing for the respondent, this writ petition stands disposed of, leaving it
open to the petitioner to approach the authorities concerned for appropriate
relief, if so advised. No costs. Consequently, connected miscellaneous
petition is closed.
20.10.2021
Index : yes/no
Internet : yes/no
av/rsh
To
The Senior Divisional Commercial Manager,
Southern Railway,
Salem Division,
Commercial Branch,
Salem 636 005.
https://www.mhc.tn.gov.in/judis
WP No.20944 of 2021
R. MAHADEVAN, J
av/rsh
WP No. 20944 of 2021
20.10.2021
https://www.mhc.tn.gov.in/judis
