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Madras High CourtWP/3668/2024disposed of with direction

S.Diraviam v. Union Of India

2025-11-06Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.Nos.3954, 3958, 4080 & 4082 of 2024 1.S.Diraviam 34A, Sri Ranganathan Nagar, 1 st Street, Selaiyur, Chennai - 600 073.

Petitioner in WP/3668/2024 2.S.Ilanchezhian S/o.K.Srinivasan, No.19, Eswari Nagar, Selaiyur, Chennai 600 059.

Petitioner in WP/3770/2024 Vs

1. Union of India Rep. by the Secretary, Ministry Of Railways, Railway Board, Rail Bhavan, New Delhi - 110 001.

2.The General Manager Southern Railway, Chennai - 600 003.

3.The Senior Divisional Commercial Manager/MAS DRM's Office, Commercial Branch, Chennai - 600 003.

Respondents in both WPs PRAYER in WP/3668/2024 This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified Mandamus, calling for the records in the order bearing No. M/C/79/CS/MPS/NBK/PF-1/2 dated 30.12.2023 passed by respondent No.3 and quashing the same and directing the respondents to renew the petitioner's licence to run the Multi Purpose Stall at the Nungampakkam Railway Station on Platform 1-2 for a period of five years with effect from 03.12.2023.

PRAYER in WP/3 /2024 This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified Mandamus, calling for the records in the order bearing No. M/C/79/CS/MPS/MKK/PF-1/2 dated 30.12.2023 passed by respondent No.3 and quashing the same and directing the respondents to renew the petitioner's licence to run the Multi Purpose Stall at the Kodambakkam Railway Station on Platform 1-2 for a period of five years with effect from 03.12.2023.

In both W P s For Petitioner(s):

Mr.M.Radhakrishnan in both the WPs For Respondent(s):

Mr.V.Chandrasekaran, Special Panel Counsel

in WP/3886/2024 Mr.V.T.Balaji, in WP/3770/2024 COMMON

ORDER

The issue involved in both the writ petitions are one and the same and accordingly, the writ petitions are disposed of by this common order. 2.The case of the petitioners is that the petitioners were granted license to run a book stall at Nungampakkam Railway Station on Platform 1-2 and Kodambakkam Railway Station on Platform 1-2 in the year 1981 and 1986 respectively and that licence granted by the petitioners was renewed by the third respondent every five years. The further case of the petitioner is that sometime in 2004, a permanent buildings for running the bookstall on platform 1-2 in both the railway stations mentioned above was constructed by the third respondent and the cost of construction of the said buildings viz., Rs.65,000/- was recovered from each of the petitioners. Subsequently, at the petitioners' request, the book shops run by the petitioners was converted into multi-purpose stalls in 2018 and the licence granted to run the multi-purpose shops expired on

02.12.2023. Thereafter, the petitioners had sought for renewal of the license, however, the request of the petitioners was rejected by the impugned orders dated 30.12.2023 passed by the third respondent. Challenging the same the present writ petitions have been filed.

3.The learned counsel for the petitioners would submit that the respondents may be directed to refund the amount paid by the petitioners for construction of the shops at the railway stations mentioned above. 4.Heard the learned counsel either side and perused the materials available on record.

5.Considering the facts and circumstances of the case, without interfering with the impugned orders passed by the third respondent, the respondents are directed to refund the amount paid by the petitioners for construction of shops

in Platform 1-2 at Nungampakkam Railway Station and Platform 1-2 at Kodambakkam Railway Station, within a period of four (4) weeks from the date of receipt of a copy of this order, if not already disbursed. 6.The writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. 06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. Union of India Rep. by the Secretary, Ministry Of Railways, Railway Board, Rail Bhavan, New Delhi - 110 001.

2.The General Manager Southern Railway, Chennai - 600 003.

3.The Senior Divisional Commercial Manager/MAS DRM's Office, Commercial Branch, Chennai - 600 003.

M.DHANDAPANI J.

Tsg WP Nos. 3668 & 3770 of

06-11-2025