M.Jesina v. The Director/Cs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI M.Jesina ..Petitioner(s) Vs
1. The Director/cs The Indian Railway Catering and Tourism Corporation Limited, Stateman House,Barakhamba Road, New Delhi-110001
2. The Group General Manager The Indian Railway Catering and Tourism Corporation Limited, South Zone, No.6,-A, The Rain Tree Palace, No.9 MC Nichols Road, Chetpet, Chennai-600 021
3. The Joint General manager Cs The Indian Railway Catering and Tourism Corporation Limited, No.6,-A, The Rain Tree Palace, No.9 MC Nichols Road, Chetpet, Chennai-600 021
4. The Senior Divisional Commercial Manager, Divisional office, Commercial Branch, Southern Railway, Chennai.
5. The Divisional Commercial Manager Divisional office, Commercial Branch, 2nd Floor, Part Town, Chennai.-600 003 ..Respondent(s)
This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 4th Respondent to calculate the tenure of Agreement from 01.10.2021 to 30.09.2026 as per Article 3.1 of the Master License Agreement dated 31.08.2021 to operate Multipurpose Stall (MPPS-01) at Puratchi Thalaivar Dr. M.G. Ramachandran Central Railway Station, Station Category A1 (Location Old Concourse, between Aavin Milk Booth and HPMC Stall) as provided under letter of acceptance in letter No. Chennai Division -Commercial/COMML19742-MPPS-01-MAS/10131400033496, dated 18.03.2021 of the 4th Respondent consequently direct the 4th Respondent to grant proportionate extension of license period by calculating the residual footfall from 01.10.2021 to 31.03.2022 as per the guidelines issued by the Railway Board from time to time and to pass For Petitioner(s):
M/S. Radha Gopalan For Mr. S.Saravanan For Respondent(s):
Mr.K.Muralidharan
ORDER
The writ petition has been filed seeking a direction to the 4th Respondent to calculate the tenure of Agreement from 01.10.2021 to 30.09.2026 as per Article 3.1 of the Master License Agreement dated 31.08.2021 to operate Multipurpose Stall (MPPS-01) at Puratchi Thalaivar Dr. M.G. Ramachandran Central Railway Station, Station Category A1 (Location Old Concourse, between Aavin Milk Booth and HPMC Stall) as provided under letter of acceptance in letter No. Chennai Division dated 18.03.2021 of the 4th Respondent consequently direct the 4th Respondent to grant proportionate extension of license period by calculating the residual footfall from 01.10.2021 to 31.03.2022 as per the
guidelines issued by the Railway Board from time to time.
2. It is the case of the petitioner that the petitioner was awarded with a contract for running Multi-purpose stall on 18.03.2021 by incorporating the clause at 21.1 regarding calculation of tenure of agreement as the commencement date. Further, the same was incorporated under Article 3.1 in the Master license Agreement for the purpose of calculation fee the respondent as calculated the award period from 24.04.2021 to 23.04.2026 and also received reduced license fee for the footfall arising out of Covid-19. Hence, by the terms of the letter of acceptance and Master's license Agreement the tenure of Agreement should due to the footfall residual period ought to be calculated from 01.10.2021 to 30.04.2022. Since the respondent had not considered the petitioner's representation and the petitioner contract is going to expire on 23.04.2026, the present petition has been filed.
3. The learned counsel for the petitioner submitted that this Court may direct the respondent to consider the petitioner's representation dated 09.02.2026 and pass appropriate orders within the period stipulated by this Court. Till such time, the respondent may be directed not to disturb the petitioner's possession in terms of the Notification of the Railways Department and also direct the 4th Respondent to grant proportionate extension of license period by calculating the residual footfall for non-operation period as per the
guidelines issued by the Railway Board from time to time.
4. The learned Standing counsel appearing for the Railways submitted that the representation will be considered and appropriate orders will be passed within the stipulated time as fixed by this Court.
5. Heard the learned counsel for both side and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the 4th respondent to consider and pass orders on the petitioner's representation dated 09.02.2026 within a period of two weeks from the date of receipt of a copy of this order. Till the respondent decide on the petitioner's representation, the respondents shall not take any coercive steps to the disturb the occupation of the petitioner.
7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 10-03-2026 rli Index: Yes/No Speaking/Non-speaking order
M.DHANDAPANI, J.
RLI 10-03-2026
To
1. The Director/cs The Indian Railway Catering and Tourism Corporation Limited, Stateman House, Barakhamba Road, New Delhi-110001
2. The Group General Manager The Indian Railway Catering and Tourism Corporation Limited, South Zone, No.6,-A, The Rain Tree Palace, No.9 MC Nichols Road, Chetpet, Chennai-600 021
3. The Joint General manager Cs The Indian Railway Catering and Tourism Corporation Limited, No.6,-A, The Rain Tree Palace, No.9 MC Nichols Road, Chetpet, Chennai-600 021
4. The Senior Divisional Commercial Manager, Divisional office, Commercial Branch, Southern Railway, Chennai.
5. The Divisional Commercial Manager Divisional office, Commercial Branch, 2nd Floor, Part Town, Chennai.-600 003