P.K.Amina, v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2017
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P. No. 7001 of 2017 and W.M.P. No. 7619 of 2017 P.K. Amina .. Petitioner
Versus
1. The General Manager Southern Railway, Park Town
2. The Chief Commercial Manager Catering & Passenger Amenities Southern Railway
3. The Divisional Railway Manager Salem Division, Southern Railway Salem
4. The Divisional Commercial Manager (Coordination) Southern Railway, Salem Division Salem - 600 001 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to consider the petitioner's representation dated 04.02.2017 and 06.03.2017 submitted to all the respondents regarding renewal of the petitioner's licence with regard to the petitioner's catering Stall (SA/SMU/04) at Erode Junction Railway Station. For Petitioner :
Prof. M. Udaya Bhanu For Respondents :
Mr. P.T. Ramkumar
ORDER
The petitioner has come forward with this writ petition seeking for issuing appropriate direction to the respondents to consider her representations dated 04.02.2017 and 06.03.2017 submitted to all the respondents regarding renewal of the
licence with regard to the petitioner's catering Stall (SA/SMU/04) at Erode Junction Railway Station. 2.
When the writ petition is taken up for hearing today, the learned standing counsel for the respondents, on instructions, brought to the notice of this Court that the representation dated 06.03.2017 submitted by the petitioner has already been considered and an order of rejection bearing Reference No.SA/C 79/Catg/SMU/04/ED dated 08.03.2017 was passed by the Senior Divisional Commercial Manager, Salem and the said order was also sent by registered post. It is further brought to the notice of this Court that the order dated 08.03.2017 was also received by the husband of the petitioner which is evident from the postal acknowledgment card received from the postal department. The counsel for the respondent also produced a copy of the order dated 08.03.2017 for perusal of this Court and a copy has been served on the counsel for the petitioner.
It is also brought to the notice of this Court by the learned counsel for the respondents that the petitioner's husband is already running several stalls in the name of benami numbering 10 and therefore also, the claim of the petitioner for renewal of licence in her favour was not considered by the respondents. 3.
In the light of the above submission of the counsel for the respondents that the representation dated 06.03.2017 was already considered and rejected on 08.03.2017, the relief sought for in this writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous with liberty to challenge the order dated 08.03.2017. Consequently, connected miscellaneous petition is closed with liberty to challenge the order dated 08.03.2017.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The General Manager Southern Railway, Park Town
2. The Chief Commercial Manager Catering & Passenger Amenities Southern Railway
3. The Divisional Railway Manager Salem Division, Southern Railway Salem
4. The Divisional Commercial Manager (Coordination) Southern Railway, Salem Division Salem - 600 001 +1 CC to M. Udaya Bhanu , Advocate sr 17682 +1 CC to Mr. P.T. Ramkumar, Advocate sr 17910 WP No. 7001 of 2017 VSN(CO) sp/10/4