Madras High CourtWP(MD)/3816/2025dismissed as infructuous

N.Sivabalan v. The Chairman And Managing Director (Fac)

2025-04-02Honourable Mr.Justice Vivek Kumar Singh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.3816 of 2025 and W.M.P.(MD)No.2742, 2744 & 2746 of 2025 N.Sivabalan ... Petitioner -vs1. The Chairman and Managing Director (FAC), Poombugar Shipping Corporation Limited, No.692, (Old No.473), Annasalai, 4th Floor, Nandhanam, Chennai 35.

2. The Manager, Poombugar Shipping Corporation, Kanyakumari Ferry Service, Agastheeswaram Block, Kanyakumari 629 702.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order passed by the 1st respondent in PSC/KFS/Canteen/ Order/2025 dated 07.02.2025 and quash the same and consequently direct the respondents to extend the period of license for another one year. 1/4

For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.Veerakathiravan Additional Advocate General Assisted by Mr.F.Deepak

ORDER

This writ petition has been filed challenging the impugned order passed by the 1st respondent in PSC/KFS/Canteen/Order/2025 dated 07.02.2025 with a consequential direction to the respondents to extend the period of license for another one year.

2. Heard the learned counsel on either side.

3. When the matter is taken up for hearing, the learned Additional Advocate General appearing for the respondents submits that the lease granted to the petitioner for managing the canteen at Kanniyakumari Ferry Service was expired on 14.01.2025 and the licence is now granted to the employees society to run the canteen and hence, this writ petition has become infructuous. He has also produced the work order issued by the first respondent in PSC/Admin/KFS/Canteen/2025 dated 17.03.2025. 2/4

4. The learned Additional Advocate General appearing for the respondents relied upon the order passed by this Court in a similar circumstances in WP(MD)No.2574 of 2025, wherein this Court, while dismissing the writ petition held as follows:- "5.Taking into consideration the fact that the lease period of the canteen had already expired on 03.02.2024, nothing remains to be adjudicated in this writ petition. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed."

Against which, the petitioner therein preferred a writ appeal before the Hon'ble Division Bench of this Court in WA(MD)NO.360 of 2025, which was also dismissed by the Hon'ble Division Bench of this Court.

5. Thus, in this case also, taking into consideration of the fact that the lease period of the petitioner to run the canteen had already expired on 14.01.2025, nothing remains to be adjudicated in this writ petition and this writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 02.04.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Chairman and Managing Director (FAC), Poombugar Shipping Corporation Limited, No.692, (Old No.473), Annasalai, 4th Floor, Nandhanam, Chennai 35.

2. The Manager, Poombugar Shipping Corporation, Kanyakumari Ferry Service, Agastheeswaram Block, Kanyakumari 629 702.

Order made in W.P.(MD)No.3816 of 2025 Dated:

02.04.2025 4/4