M.Mohamed Akbar v. The Senior Divisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.66 of 2018 and W.M.P(MD)Nos.56 and 57 of 2018 M.Mohamed Akbar ... Petitioner Vs.

1. The Senior Divisional Commercial Manager, Divisional Office, Southern Railways, Commercial Branch, Tiruchirappalli.

2. The Divisional Railway Manager, Southern Railway, Tiruchirapalli Division, Tiruchirapalli.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents herein to forthwith renew the licence for running of the Platform Stall (S-2) on Platform No.4 and 5 at Tiruchirapalli Junction in favour of the Petitioner for a further period of 3 years and open the said Stall forthwith enabling the Petitioner to run the same.

For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for M/s.AL.Gandhimathi For Respondents : Mr.Manohar, Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents to forthwith renew the licence for running Platform Stall (S-2) on Platform Nos.4 and 5 at Tiruchirapalli Junction in favour of the petitioner for a further period of 3 years and open the said stall forthwith enabling the petitioner to run the same.

2.Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner and Mr.Manohar, learned Standing Counsel appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioner, he is a licensee under the first respondent to run catering stall at Tiruchirappalli Railway Station. The said licence was expired on 20.01.2017 and thereafter, extension was also granted. The petitioner is entitled for renewal as per the catering policy 2010 formulated by the Ministry of Railways and therefore, he has filed an application dated 21.05.2017 for renewal of licence before the first respondent which is pending. Hence, the petitioner has filed this writ petition seeking for the relief stated supra. 4.Considering the limited relief sought in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's application dated 21.05.2017 for renewal and pass appropriate orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)Nos.56 and 57 of 2018 are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Senior Divisional Commercial Manager, Divisional Office, Southern Railways, Commercial Branch, Tiruchirappalli.

2. The Divisional Railway Manager, Southern Railway, Tiruchirapalli Division, Tiruchirapalli.

+1cc to M/s.AL.Gandhimathi, Advocate Sr.No.40413 SMS VB/SKN/RSK/SAR1/05/01/2018/2P/4C Writ Petition (MD) No.66 of 2018 and W.M.P(MD)Nos.56 and 57 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 04.01.2018