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Madras High CourtWP/15679/2013disposed of

South Western Railway Catering v. Union Of India

2022-01-19Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NOS.15679 & 15680 OF 2013 AND M.P.NOS.1, 1, 2 & 2 OF 2013 South Wester Railway Catering Cont. Association (Regd.) No.522/11, 63rd Cross, 5th Block, Rajajinagar, Bangalore-560 010 Branch Office at No.4/793, Teacher's Colony, Dharmapuri-636 701, Tamil Nadu Represented by its Gen. Secretary V.S.Manogar

...Petitioner in both WPs

Vs.

1.Union Of India, Ministry of Railways, Rail Bhavan, New Delhi-110 001.

Rep.By Its Secretary.

2.The Chairman, Railway Board, Rail Bahavan, 3.The Director, Tourism And Catering, Railway Board, 4.The Chief Commercial Manager, Southern Railway, Headquarters Office, Commercial Branch, Park Town, Chennai-600003.

...Respondents in both WPs

COMMON PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the respondents in pursuance of the impugned tender / bids notification for Provision of Catering Services in various trains called by the Fourth Respondent bearing Bid Notice No.86/PC/Genl./Tender/2013 dated 3.4.2013 and 27.05.2013 and treating them as unjust unfair and ultra Virus and quash the same and consequently direct the respondent to consider the representations of the

petitioner regarding Fee Fixing Committee and Quality Assessment Panel dated 1.8.2011 dated 25.08.2011.

For Petitioner :

Mr.S.Prasad Babu (both WPs) For Respondents : Mr.P.T.Ram Kumar (both WPs) Standing Counsel for Railways Counsel [For R1 to R4] C O M M O N O R D E R The writ petition is filed challenging the tender/bids notification for provision of catering services in various trains called for by the 4th respondent, Southern Railway bearing bid notices dated 03.04.2013 and 27.05.2013.

2. Paragraph 1.4 of the bid notice dated 27.05.2013 deals with tenure of license. Accordingly, the tenure of license shall be for a period of 5 years and on completion of 5 years, one renewal of license shall be granted subject to satisfactory performance. Therefore, the period of contract itself was 5 years and the said period of 5 years expired in the year 2018 itself. Even, thereafter, three and a half years have lapsed.

3. This being the factum, the cause did not exist as of now. Therefore, no further adjudication needs to be entertained in respect of the grounds raised in the writ petition. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar shr/ska To 1.Union Of India, Ministry Of Railways, Rail Bhavan, New Delhi-110 001.

Rep.By Its Secretary.

2.The Chairman, Railway Board, Rail Bahavan,

3.The Director, Tourism And Catering, Railway Board, 4.The Chief Commercial Manager, Southern Railway, Headquarters Office, Commercial Branch, Park Town, Chennai-600003.

+2ccs to Mr.P.T.Ramkumar, Advocate Sr.No.3251, 3251 W.P.Nos.15679 & 15680 of 2013 and M.P.Nos. 1, 1, 2 & 2 of 2013 SR-II(CO) RVM(08/02/2022)