S.Rabik Raja v. The Senior Divisional Commercial Manager
2024:MHC:2763
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH S.Rabik Raja .... Petitioner Vs The Senior Divisional Commercial Manager, Divisional Office, Commercial Branch, Southern Railways, Park Town, Chennai - 600003.
... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 15.01.2024 to renew/extend the license/contract of the catering stall GMU - 3 at Chennai Egmore Railway Station/PF-5/6, within the time as may be stipulated by this Hon'ble Court.
For Petitioner : Mr.C.Karthik For Respondents : Mr.Prasad Vijayakumar Senior Panel Counsel
O R D E R
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The petitioner is a catering contractor in the Chennai Egmore Railway Station and runs a catering stall therein in the 'A 1' category under GMU - 3 'General Category' at the pegged location near FOB Landing towards TBM End (Between shelter post 5 & 6/1 and 5 & 6/2) on platform No.5/6. The contract was for a period of five years, which expires tomorrow (20.07.2024). He prays for a mandamus directing the respondent to consider his representation dated 15.01.2024 to renew/extend the license/contract for a further period.
2. Mr.Prasad Vijayakumar, learned Senior Panel Counsel who accepts notice for the respondent states that renewal of the contract cannot be sought as not a matter of right and the contract is subject to the terms and conditions of the same. That apart, upon oral instructions received by him, he states that entirety of the Egmore Railway Station is under planned re-development. Hence, there is no proposal to extend any of the subsisting contracts and the present contractors would only be permitted to complete their tenures, after which, re-development would take place.
3.Mandamus as sought for by the petitioner cannot thus be granted, in light of the oral instructions of the respondent which are recorded.
4. However, since the petitioner has made a representation before 2/4
the respondent, let the same be disposed within a period of one (1) week from today, after hearing the petitioner and in accordance with law and extant Rules and Regulations.
5. It is needless to say, that, as and when fresh auction is conducted for running a catering stall, the petitioner is at liberty to participate in the same, if he satisfies the conditions and prerequisites for the same.
6. This writ petition is closed in the aforesaid terms. No costs. 19.07.2024 Index:Yes/No Speaking order:Yes mpl Note: Registry is directed to upload this order by 22.07.2024 To The Senior Divisional Commercial Manager, Divisional Office, Commercial Branch, Southern Railways, Park Town, Chennai - 600003.
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Dr.ANITA SUMANTH,J.
mpl 19.07.2024 4/4