Madras High Court
P.Nithya vs The Chief Commercial Manager on 24 January, 2023
W.A.No.1604 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.1604 of 2022
P.Nithya .. Appellant
v.
1. The Chief Commercial Manager
Commercial Branch
Southern Railway
Chennai 600 003
2. The Senior Divisional Commercial Manager
Divisional Office
Commercial Branch
Southern Railway
Chennai 600 003
3. The Station Manager
Jolarpettai Railway Station
Jolarpettai
Thirupathur District
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W.A.No.1604 of 2022
4. The General Manager
Vellore-Thiruvannamalai District
Co-operative Milk Production Union Ltd.,
No.142, Arcot Salai-Savanchai
Vellore .. Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order
dated 27.06.2022 passed in W.P.No.15800 of 2022.
For Appellant :: Mr.R.Govindasamy
For Respondents :: Mr.Prasad Vijayakumar
Senior Panel Counsel
Central Government
for R1 to R4
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
This writ appeal has been directed against the impugned order dated
27.06.2022 passed by the learned single Judge in Writ Petition No.15800 of
2022.
2. Learned counsel appearing for the appellant, assailing the
impugned order, argued that when it is an admitted fact that the appellant
was enjoying the lease for a period of five years with an extended period of
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W.A.No.1604 of 2022
164 days on account of the Covid-19 pandemic, her application for renewal
of lease was erroneously rejected by the second respondent by the order
dated 18.05.2022. The said order was put to challenge by the petitioner in
Writ Petition No.13911 of 2022. Although the learned single Judge had
granted an interim order of stay, when the matter was heard finally, the said
writ petition was dismissed by the order dated 03.08.2022. The appellant
has filed a review application against the said order and the same is also
pending. In the meanwhile, in violation of the interim order of stay, the
respondents have proceeded to issue the tender notification for the stall in
question on 08.06.2022 and aggrieved thereby, the petitioner has filed the
Writ Petition No.15800 of 2022. However, the learned single Judge, by the
impugned order, has dismissed the said writ petition holding that the auction
is conducted only in public interest and there is no prohibition for the writ
petitioner or her representative to participate in the auction conducted by the
respondents. Therefore, the learned counsel pleaded that the present writ
appeal and the review application can be taken up together for common
disposal.
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W.A.No.1604 of 2022
3. Learned Panel Counsel appearing for the respondents submitted
that when the appellant was admittedly granted lease for a period of five
years with a subsequent extension for a period of 164 days due to the
Covid-19 pandemic, her request for renewal of lease was refused, on the
ground that the operation of the milk stall in question was not satisfactory.
Moreover, fines and penalties were also imposed against the appellant based
on the public complaints as well as the deficiencies reported during the
inspection conducted by the officials of the respondent Department. In
support of his submissions, he has also placed before us a proceeding dated
22.12.2022 detailing the fines/penalties imposed against the appellant.
4. On perusal of the proceeding dated 22.12.2022, we find that the
appellant has suffered the following fines and penalties while operating the
milk stall in question:-
Sl. Irregularities Action taken Remittance/
No. Remarks
1 Inspection of Catering Inspector Fined Rs.1000/- MR.No.5530534
1 dt.17.10.2017
2 Inspection of Catering Inspector Fined Rs.1000/- MR.No.0191510
3 dt. 25.12.2017
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W.A.No.1604 of 2022
Sl. Irregularities Action taken Remittance/
No. Remarks
3 Complaint Fined Rs.2000/- MR.No.8681643
9 dt.05.02.2018
4 Inspection of Catering Inspector warning Dt.29.05.2018
5 Inspection of Catering Inspector Fine Rs.500/- MR.No.5300621
0 dt.02.07.2018
6 Inspection of Catering Inspector warning Dt.27.07.2018
7 Assistant Commercial Manager- warning Dt.15.02.2019
II MAS Inspection/CIRs
inspection
8 Inspection of Catering Inspector Fined Rs.500/- MR.No.4827948
0 dt.26.04.2019
9 Inspection of Catering Inspector Fined Rs.1000/- MR.No.3383291
0 dt.17.10.2019
5. Since the appellant has been fined and imposed with the repeated
penalties as mentioned above, we do not find any merit in the writ appeal.
We are also in agreement with the view taken by the learned single Judge
that the auction is conducted only in public interest to get the best possible
price and there is no prohibition for the appellant or her representative to
participate in the impugned auction. Equally the appellant also cannot claim
for automatic renewal of lease, when the discretion solely lies with the
respondents.
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W.A.No.1604 of 2022
6. In view of the above, finding no infirmity with the impugned order,
the writ appeal stands dismissed. Consequently, C.M.P.No.10683 of 2022
is also dismissed. However, there shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.)
Index : yes/no 24.01.2023
ss
To
1. The Chief Commercial Manager
Commercial Branch
Southern Railway
Chennai 600 003
2. The Senior Divisional Commercial Manager
Divisional Office
Commercial Branch
Southern Railway
Chennai 600 003
3. The Station Manager
Jolarpettai Railway Station
Jolarpettai
Thirupathur District
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W.A.No.1604 of 2022
4. The General Manager
Vellore-Thiruvannamalai District
Co-operative Milk Production Union Ltd.,
No.142, Arcot Salai-Savanchai
Vellore
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https://www.mhc.tn.gov.in/judis
W.A.No.1604 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
ss
W.A.No.1604 of 2022
24.01.2023
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