South Western Railway v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.16877 of 2013 & M.P.Nos.1 and 2 of 2013 South Western Railway Catering Contractors 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.

Tamilnadu, represented by its Gen Secretary V.S.Manogar.

.. Petitioner Vs.

1.Union of India, Ministry of Railways, Rail Bhavan, New Delhi 110 001, represented by its Secretary.

2.The Chairman, Railway Board, Rail Bhavan, New Delhi 110 001.

3.The Director, Tourism and Catering, Railway Board, New Delhi 110 001.

4.The Chief Commercial Manager, South Eastern Railway, New Koilaghat Building, No.14, Strand Road, (8th Floor), Kokata 700 001.

.. Respondents Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the entire records of the fourth respondent in pursuance of the impugned tender/bids notification for provision of on board catering services through Pantry Car in Train No.12841-12842 Howrah - Chennai - Howrah, Coromandal Express bearing Bid Notice No.G/IC/CC/12841-42/13/B-09 dated 04.04.2013 and treating them as unjust, unfair and ultra vires and quash the same and consequently direct the first and fourth

respondents to consider the representations of the petitioner regarding fee fixing committee and quality assessment panel dated 01.08.2011 dated 25.08.2011.

For Petitioner : Mr. G. Anthony Cruz For Respondents : No Appearance

O R D E R

This Writ Petition has been filed challenging the tender notification dated 4.4.2013 issued by the 4th respondent for provision of on board Catering Services through Pantry Car in Train No.12841-12842 and quash the same, as it is unfair and ultra vires and for consequential direction.

2. Today, when the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that the relief sought for herein has become infructuous and hence, nothing survives for adjudication in this writ petition.

3. In view of the above submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr To 1.The Secretary Union of India, Ministry of Railways, Rail Bhavan, New Delhi 110 001.

2.The Chairman, Railway Board, Rail Bhavan, New Delhi 110 001.

3.The Director, Tourism and Catering, Railway Board, New Delhi 110 001.

4.The Chief Commercial Manager, South Eastern Railway, New Koilaghat Building, No.14, Strand Road, (8th Floor), Kokata 700 001.

W.P.No.16877 of 2013 & M.P.Nos. 1 and 2 of 2013 GPL (CO) PR (23/08/2021)