S.Mamatha v. The Southern Railways
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.13121 of 2015 and M.P.No.1 of 2015 S.Mamatha ... Petitioner -Vs1. The Southern Railways rep. By its General Manager, Park Town, Chennai - 3.
2. The Southern Railways rep. By its Senior Divisional Commercial Manager, Park Town, Chennai - 3.
... Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus to direct the respondents to refund the advance license fee along with the security deposit and removal charges with commercial rate of interest to the petitioner.
For Petitioner : Ms.V.J.Latha For Respondents : Mr.P.T.Ramkumar
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner claims that she is the Proprietrix of Mamatha Ads, which is the authorised advertiser and canvasser of Southern Railways for the past five decades and it was granted permission to display the advertisement boards/hoardings within the railway
premises and several parts of the city for a number of years and for that purpose, it is required to pay the license fee in advance for one year along with security deposit and removal charges. The normal period of license is from 1st April to 31st March of the succeeding year. The petitioner would further state that it has paid the licence fee in advance upto 31.03.2009 and also paid monthly rental advance for two months and totally, a sum of Rs.67,840/- representing the advance licence fee and two months rental advance was deposited for a period of one year viz., 2008-2009 upto 31.03.2009. The petitioner would further state that it has spent huge amount towards erection of hoardings and entered into contract with various third parties to display their products.
However, on account of litigation, with regard to removal of hoardings in and around the city of Madras, Corporation of Chennai has initiated action for removal of such hoardings and it was also directed to be removed and in the said process, the petitioner had incurred huge loss. The petitioner submitted various representations to the second respondent either to permit them to re-erect the advertisement boards/hoardings or refund the amount already paid and the last of such representation was submitted on 07.02.2013 and since no response is forthcoming, the petitioner came forward to file this writ petition. 3.Ms.V.J.Latha, learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 27.09.2011 and 03.02.2015 made in W.P.Nos.
4622 of 2011 and 27491 of 2014 respectively and would submit that in similar facts and circumstances, this Court has directed the respective petitioner to submit a fresh representation, for refund of licence fee with a further direction to dispose it on merits and since the petitioner is similarly placed, appropriate orders may be passed. 4.Mr.P.T.Ramkumar, learned counsel accepts notice for the respondents and would submit that since the representation came to be submitted as early as 07.02.2013, the petitioner may be permitted to submit a fresh representation, enclosing the copies of necessary documents evidencing grant of licence and payment of advance licence fee and rental advance so as to enable the second respondent to consider and dispose of the representation within a stipulated time. 5.
the said representation in accordance with law and pass orders within a period of four weeks thereafter and communicate the decision to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mmi To
1. The General Manager, Southern Railways, Park Town, Chennai - 3.
2. The Senior Divisional Commercial Manager, Southern Railways, Park Town, Chennai - 3.
+1cc to M/s.V.J.Latha, Advocate, S.R.No.23764 +1cc to Mr.P.T.Ram Kumar, Advocate, S.R.No.23901 W.P.No.13121 of 2015 RSK(CO) CA(18/05/2015)