M/S. All Railway Irctc Catering Licence Organisation v. The Principal Chief Commercial Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.14319 & 14321 of 2019 M/s.All Railway IRCTC Catering Licensee Organization, (Registration No.193/2009), No.137/18, St. Paul's Complex, Bharathiyar Salai, Cantonment, Tiruchirappalli - 620 001.
Represented by its President.
... Petitioner Vs 1.The Principal Chief Commercial Manager, Chennai - 600 003.
2.The Indian Railway Catering and Tourism Corporation Limited, Represented by its Director, Corporate Office, B-148, 11th Floor, Statesman House, Barakhamba Road, New Delhi - 110 001.
3.The Assistant General Manager/CS/SZ, South Zone, The Indian Railway Catering and Tourism Corporation Limited, 6A, Rain Tree Palace, No.9, Mc Nichols Road, Chepet, Chennai - 600 031.
4.The Senior Divisional Commercial Manager, Tiruchirappalli Division, Tiruchirappalli.
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5.The Senior Divisional Commercial Manager, Madurai Division, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent herein in No.2019/IRCTC/SZ/Static - Misc/Platform vending dated 09.07.2019 and quash the same and consequently forbear the respondents from in any manner interfering with the rights of the members of the petitioner's association to carry on platform vending through platform vendors during the period of the contract/extensions in terms of the letter No.2019/IRCTC/CO/Platform vending dated 15.07.2019 of the second respondent herein.
For Petitioner : Mr.C.Mahadevan For RR 1, 4 & 5 : Mr.K.R.Laxman Central Government Standing Counsel For RR 2 & 3 : Mr.S.Manohar Standing Counsel
ORDER
This Writ Petition has been filed by the petitioner Association challenging the communication of the third respondent dated 09.07.2019 thereby accorded for platform vending under the administration control of the second respondent subject to certain conditions.
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2.The petitioner, who is being an Association, filed this Writ Petition challenging the guidelines issued by the second respondent. Any aggrieved person can challenge the conditions imposed by the second respondent. However, by way of Association, it cannot be challenged and as such, this Writ Petition itself is not maintainable and the same is liable to be dismissed. 3.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
06.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The Principal Chief Commercial Manager, Chennai - 600 003.
2.The Indian Railway Catering and Tourism Corporation Limited, Represented by its Director, Corporate Office, B-148, 11th Floor, Statesman House, Barakhamba Road, New Delhi - 110 001.
3.The Assistant General Manager/CS/SZ, South Zone, The Indian Railway Catering and Tourism Corporation Limited, 6A, Rain Tree Palace, No.9, Mc Nichols Road, Chepet, Chennai - 600 031.
4.The Senior Divisional Commercial Manager, Tiruchirappalli Division, Tiruchirappalli.
5.The Senior Divisional Commercial Manager, Madurai Division, Madurai.
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G.K.ILANTHIRAIYAN, J.
ps Order made in 06.12.2024 5/5