D.Subramaniam & Sons v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 25.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.11325 of 2014 & M.P.Nos.1 & 2 of 2014 D.Subramaniam & Sons, Rep. by its partner, D.S.Sekar, No.10, Sarangapani Street, Kodambakkam, Chennai - 600 024.

.. Petitioner vs.

1.Union of India, Owning Southern Railway, Represented by its General Manager, Chennai - 600 003.

2.The Senior Divisional Commercial Manager, Senior Divisional Commercial Manager, Southern Railway, Chennai Division, IInd Floor, NGO Annexe, Park Town, Chennai - 600 003.

3.K.Sankarasubramanian, Divisional Commercial Manager-II, Senior Divisional Commercial Manager, Southern Railway, Chennai Division, IInd Floor, NGO Annexe, Park Town, Chennai - 600 003 ..Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the entire records leading to the issue of proceedings bearing No.M/S.65/Inspn.

dated 05/09/2013, M/C.79/VLR/MPK dated 15/11/2013 on the file of the third

respondent and quash the same and forbear the respondents 1 to 3 from terminating the license in favour of the petitioner in respect of the Vegetarian Light Refreshments Stall (VLR) GMU Stall No.20 situated at Platform No.2 & 3, Chennai Park Station due to payment of fine amount.

For Petitioner : Mr.R.Sridhar for M/s.K.Sridhar Associates For Respondents 1 & 2: Mr.P.T.Ram Kumar, Standing Counsel For Respondent 3 : No appearance

ORDER

This writ petition has been filed challenging the order dated 05.09.2013 on the file of the third respondent.

2. Mr.P.T.Ramkumar, learned standing counsel for the respondents 1 and 2 on instructions submits that the writ petition has now become infructuous in view of the fact that the petitioner's shop was closed in the month of June 2016 and thereafter, tender has also been called for in respect of the same shop subsequently. Learned counsel for the petitioner has also accepted the contentions of the learned standing counsel for the respondents 1 and 2.

3. Recording the submissions of the learned standing counsel for the respondents 1 and 2, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nl To 1.The General Manager, Southern Railway, Chennai-600 003.

2.The Senior Divisional Commercial Manager, Southern Railway, Chennai Division II Floor NGO Annexe, Park Town, Chennai-600 003.

3.The Divisional Commercial Manager II, Senior Divisional Commercial Manager, Southern Railway NGO Annexe, Chennai II Floor, Park Town, Chennai-3.

+1cc to Mr.Ramkumar, Advocate SR.16156 W.P.No.11325 of 2014 MG(CO) CB(19/03/2020)