Sri Kamachi Enterprises v. The Chief Medical

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4735 of 2016 Sri Kamachi Enterprises, represented by its partner, Mrs.Kamatchi, No.17/2, Venkatesalu road, Avarampalayam, Coimbatore - 641 006

...Petitioner

Vs.

1.The Chief Medical Superintendent, Medical Division, Southern Railways, Salem Division, Salem - 5.

2.The Chief Health Inspector, Podanur Division, Southern Railway, Podanur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other appropriate writ or order or direction to call for the records relating to the order dated 11.11.2015 by the 1st respondent in proceedings No.SA/MD52/GR/PTJ/15 and quash the same and consequently direct the respondents to permit the petitioner to continue the work as per the work order.

For Petitioner : Mr.S.Swaminathan For Respondents : Mr.P.T.Ramkumar for R1 & R2

O R D E R

The relief sought for in this writ petition is to call for the records in relation to the order dated 11.11.2015 issued by the 1st respondent and quash the same and direct the respondents to permit the petitioner to continue the work as per the work order.

2.The writ petitioner was awarded with the contract of collecting the garbage in Podanur Railway Station and in and around the Railway Colony. The grievance of the writ petitioner is that after awarding of the contract, he was https://hcservices.ecourts.gov.in/hcservices/

permitted to perform his duties for a period of one month. However, it is brought to the notice of this Court that the contract was awarded in favour of the writ petitioner on 17.04.2015, after a period of two years. Thus, the period of contract itself is already expired and if any grievances exists for the writ petitioner in respect of the refund of the deposit or other amounts, the writ petitioner is at liberty to submit detailed representation to the 1st respondent along with all the relevant documents, enabling the 1st respondent to consider the same and pass orders on merits and in accordance with law. In the event of submitting any such representation by the writ petitioner, the 1st respondent is directed to consider the same within a period of six weeks from the date of receipt of a copy of this order.

3.With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mbi/kak To 1.The Chief Medical Superintendent, Medical Division, Southern Railways, Salem Division, Salem - 5.

2.The Chief Health Inspector, Podanur Division, Southern Railway, Podanur.

+ 1 cc to M/s. S.S. Swaminathan, Advocate Sr.59145 + 1 cc to MR. P.T. Ramkumar, Advocate Sr.59505 W.P.No.4735 of 2016 AK(CO) EU(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/