T.Vijayalakshmi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 21353 of 2021 and W.M.P.Nos.22600 & 22601 of 2021 T.Vijayalakshmi ....

Petitioner Vs

1. The Union of India, Represented by its Principal Secretary, Ministry of Railways, Rail Bhawan, New Delhi.

2. The Railway Board, Represented by its Chairman, Rail Bhawan, New Delhi.

3. The General Manager, O/o. The General Manager, Southern Railway,

4. The Senior Divisional Commercial Manager, O/o. The General Manager, Southern Railway,

5. The Chief Commercial Manager, Southern Railway,

6. The Divisional Railway Manager, Madras Zone, Southern Railway, ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records of the fourth respondent dated 31.12.2020 in No.M/C.300/Cycles/MCPT and quash the same and further direct the fourth respondent herein to revise the enhanced license fee imposed upon the petitioner during the subsisting license period from 01.07.2020 to 31.03.2021 and grant waiver of license fee for the "dies non" period and to reduce and refix the license fee according to the percentage of passenger footfall in the railway station.

For Petitioner : Mr.Krishna Prasad R For Respondents : Mr.P.T.Ram Kumar Standing Counsel

ORDER

This Writ Petition has been filed challenging the order passed by the fourth respondent dated 31.12.2020, thereby rejected the request made by the petitioner to revise the enhanced license fee imposed upon the petitioner during the subsisting license period from 01.07.2020 to 31.03.2021.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that the license period had already expired and as such nothing survives for further adjudication in the prayer sought for in this writ petition. Further, the petitioner also sought for a direction to grant waiver of license fee for the "dies non" period and to reduce and refix the license fee.

4. Insofar as the said request is concerned, the petitioner is at liberty to make fresh representation before the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the fourth respondent is directed to dispose of the same within a period of eight weeks from the date of receipt of the representation.

5. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

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To

1. The Principal Secretary, Union of India, Ministry of Railways, Rail Bhawan, New Delhi.

2. The Chairman, Railway Board, Rail Bhawan, New Delhi.

3. The General Manager, O/o. The General Manager, Southern Railway,

4. The Senior Divisional Commercial Manager, O/o. The General Manager, Southern Railway,

5. The Chief Commercial Manager, Southern Railway,

6. The Divisional Railway Manager, Madras Zone, Southern Railway,

G.K.ILANTHIRAIYAN, J.

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