High Court of KeralaSingle Judge2023-08-25Disposed of by common judgment with directions ...

M.V. Sathyabalan v. Southern Railway and Union of India and Others (WP(C) Nos. 30155 of 2022 & 4975 of 2023)

Case / Petition Number:WP(C) 30155/2022; WP(C) 4975/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2023-08-25
Court Decision / Holding: The writ petitions are disposed of by common judgment. The petitioner may submit a representation detailing surviving grievances to the 2nd respondent in WP(C) No.4975/2023 within two weeks of receipt of a certified copy of the judgment. If such a representation is received, the 2nd respondent will consider it and pass appropriate orders after hearing, as expeditiously as possible, within one month from receipt. The re-tender proceedings initiated by the Railway may continue, and the successful bidder can occupy the unit. No further interference with the ongoing tender process is indicated, and the court clarifies that the interim orders do not confer new rights beyond the stated directions.
Final Disposition: Disposed of by common judgment with directions for representation and continued re-tender proceedings; no interference with tender process; interim positions maintained to the extent of the directions given.

Parties to the Case

Appellants / Petitioners

M.V. Sathyabalan

Respondents

Southern Railway represented through its Senior Divisional Commercial Manager, Palakkad Division, Southern Railway, Palakkad District- 678002
Senior Divisional Commercial Manager, Southern Railway, Division Office, Palakkad District, Palakkad PIN- 678002
The Union of India represented by the Secretary, Ministry of Railways, Central Secretariat, New Delhi-110001
The Principal Chief Commercial Manager, Headquarters Office, Chennai- 600003
AbdulKareem Nadavath Valappil, Kannur District- 670101

Legal Representation & Advocates

Counsels for Petitioners

• K. Saneesh Kumar
• V. B. Santhini

Counsels for Respondents

• Manu S. DSG of India
• Anil S. Raj

Case Synopsis & Summary

Two connected writ petitions filed by M.V. Sathyabalan, who held a license for a Minor Catering Unit at Mangaore Junction Railway Station, challenge actions of the Southern Railway and related authorities concerning tendering, award of contracts, and extension of license. The petitions seek to quash Exhibits P10 and other tender/award communications, and to extend the license period in light of letters issued by the Ministry of Railways (Exhibits P5, P6) interpreted through a Delhi High Court interim order (Exhibit P4). They also seek to restrain coercive steps pending final resolution, and, in WP( C).4975/2023, seek to declare tender notifications and awards as illegal. The matter has a background of interim permissions allowing operation pending re-tender, with the unit ultimately put up for re-tender and awarded to a different party. The Kerala High Court disposes of the petitions by common judgment, directing the petitioner to make a formal representation within two weeks; the 2nd respondent must consider and decide expeditiously, within a month, after hearing; and the Railway can continue with re-tender proceedings, with the successful bidder occupying the unit. The order clarifies no new rights for the petitioner beyond these directions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that records relating to tender/award (Exhibits P10 and related communications) should be quashed and that license extensions should be granted in line with letters issued by the Ministry of Railways (Exhibits P5, P6) as read with the interim status quo order of the Delhi High Court (Exhibit P4). They seek to stall coercive actions and to dispense with translations of vernacular documents. The core grievance centers on the legality and scope of the tender process and subsequent awards affecting the petitioner's catering stall at Mangaore Junction.

Contentions of Respondents

The respondents argue that tender procedures and re-tendering are ongoing and valid; they rely on interposed orders and communications, including letters from the Railway Ministry and the ongoing tender process, and contend that no illegality is established by the petitioner. They maintain that the court should not interfere with the tender process already underway and that any grievance should be addressed through the established representation/administrative channels in accordance with law.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Supreme Court of India, Writ Petition (C) No. 373/2017	Writ Petition (C) No. 373/2017, 30.10.2018	Mentioned Only	Cited to provide background context; not relied upon as a binding rule in deciding the present case.
Delhi High Court interim order in WP(C) 13809/2018, dated 15.3.2019	WP(C) 13809/2018, 15.3.2019	Mentioned Only	Cited as background about the status quo order affecting the matter; not given decisive precedential effect.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against M.V. Sathyabalan v. Southern Railway and Union of India and Others (WP(C) Nos. 30155 of 2022 & 4975 of 2023) and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 25[TH] DAY OF AUGUST 2023 / 3RD BHADRA, 1945 ``` ## **`WP(C) NO. 30155 OF 2022`** ## **`PETITIONER:`** ``` M.V.SATHYABALAN AGED 51 YEARS S/O LATE GOPALAKRISHNAN, NO.27, K.K.LANE, NO.3 AVINASHI ROAD, COIMBATORE-641018. BY ADVS. K.SANEESH KUMAR V.B.SANTHINI ``` ## **`RESPONDENTS:`** ``` 1SOUTHERN RAILWAY REPRESENTED THROUGH ITS SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION), PALAKKAD DISTRICT- 678002. 2SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION), PALAKKAD DISTRICT- 678002. 3THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, CENTRAL SECRETARIAT, NEW DELHI-110001 BY ADV MANU S. DSG OF INDIA ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2023, ALONG WITH WP(C).4975/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **2** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 25[TH] DAY OF AUGUST 2023 / 3RD BHADRA, 1945 WP(C) NO. 4975 OF 2023 ``` ## **`PETITIONER:`** ``` M.V.SATHYABALAN AGED 51 YEARS S/O LATE GOPALAKRISHNAN, NO.27, K.K.LANE, NO.3 AVINASHI ROAD, COIMBATORE, PIN - 641018 BY ADVS. K.SANEESH KUMAR V.B.SANTHINI ``` ## **`RESPONDENTS:`** ``` 1SOUTHERN RAILWAY REPRESENTED THROUGH ITS, SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT- 678002. 2SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT, PIN - 678002 3THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, (RAILWAY BOARD),CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001 4THE PRINCIPAL CHIEF COMMERCIAL MANAGER HEADQUARTERS OFFICE, COMMERCIAL BRANCH, CHENNAI, PIN - 600003 5ABDULKAREEM NADAVATH VALAPPIL FATHER'S NAME NOT KNOWN 'FAJINAS', THALASSERY.P.O, KANNUR DISTRICT- 670101 BY ADVS. ANIL S.RAJ ``` W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **3** ``` RADHIKA RAJASEKHARAN P.(R-718) K.N.RAJANI(K/001295/1999) ANILA PETER(K/660/2006) MUHAMMED HARIS K.K.(K/561/2021) SIMI S. ALI(K/2275/2021) ANN MARIA SAMUEL(K/1322/2023) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2023, ALONG WITH WP(C).30155/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **4** ## **P.V.KUNHIKRISHNAN, J.** **-------------------------------W.P.(C).Nos.30155 of 2022 & 4975 of 2023 ---------------------------------------------Dated this the 25[th] day of August, 2023** ## **JUDGMENT** These two writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment. The prayers in these writ petitions are extracted hereunder: ## W.P.(C). No.30155/2022 i. Issue a writ of certiorari calling upon the records relating to Exhibits P10 issued by the 2[nd] respondent and quash the same. ii. Issue a writ of Mandamus or any other writ, order or direct or compelling the respondents 1 & 2 to extent the period of license in tune to the letter dated 21.5.2019 (Exhibit P5) and letter dated 27.8.2019 (Exhibit P6) issued by the Ministry of Railway in the matter of applicability of status quo order passed by the Honourable Delhi Court as per Exhibit P4 interim order, to the petitioner. iii. Issue a writ of Mandamus or any other writ order W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **5** or direction directing the respondent no.2 to keep in abeyance all coercive steps in tune with the Exhibit P4 interim order passed by the Honourable Delhi High Court. - iv. Such other writ or order which may be deem fit, just and necessary in the interests of justice. - v. To dispense with filing of the translation of vernacular documents. ## (SIC) ## W.P.(C). No.4975/2023 - (i) Issue a writ of Certiorari calling upon the records relating to Exhibits 14 tender notification & P15 letter of award, issued by the 1[st] and 2[nd] respondents and quash the same. - (II) Issue a writ of Mandamus or any other writ, order or direct or compelling the respondent no.4 to declare the tender and award proceeded in respect of the petitioner’s minor catering unit is illegal and nonest. - (III) Such other writ or order which may be deem fit, just and necessary in the interests of justice. - (IV) To dispense with filing of the translation of vernacular documents. ## (SIC) 2. Petitioner in these cases was the licencee of a Minor Catering Unit at Mangaore Junction Railway Station. W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **6** The petitioner earlier filed W.P.(C). No.5483/2022 in which this Court passed Ext.P11 order in W.P.(C). No.4975/2023. The above order is extracted hereunder: “Admit. 2. ASGI takes notice for respondents 1 and 2. It is submitted that the Catering Stall has not been auctioned and allotted to any 3[rd] party so far. Pending the writ petition, there will be an interim direction to permit the petitioner to open and operate the Catering Stall (MAJN/49) on Platform No.1 at Mangalore Junction Railway Station, till new tenders are finalised. It is made clear that the petitioner will be liable to pay licence fee as fixed in Ext.P1, proportionately. The security deposit made by the petitioner, if any, will be retained by the respondents till then. It is made clear that this interim order will not confer any right or privilege on the petitioner in the fresh tender proceedings.” 3. That writ petition is now dismissed as not pressed. Now the petitioner submits that based on Ext.P5 in W.P.(C). No.30155/2022 and Exts.P16 to P20 in W.P.(C). No.4975/2023, he is entitled to continue the Minor Catering Unit. 4. It is an admitted fact that re-tender proceedings are W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **7** already initiated and the Unit is given to the 5[th] respondent in W.P.(C). No.4975/2023. I am of the considered opinion that this Court need not interfere in that re-tender proceedings. If there is any surviving grievance to the petitioner in these cases, he is free to submit a representation before the 2[nd] respondent in W.P.(C). No.4975/2023 and if such a representation is received, the 2[nd] respondent will consider the same in accordance with law, after giving an opportunity of hearing to the petitioner. Therefore, these writ petitions are disposed of in the following manner: 1. The petitioner is free to submit a representation narrating his surviving grievance to the 2[nd] respondent in W.P.(C). No.4975/2023, within two weeks from the date of receipt of a stamped certified copy of this judgment. 2. If such a representation is received, the 2[nd] respondent in W.P.(C). No.4975/2023 will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **8** any rate, within one month from the date of receipt of the representation. 3. I make it clear that the re-tender proceedings initiated by the Railway can continue and the successful bidder can occupy the Unit. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **9** ## **`APPENDIX OF WP(C) 4975/2023`** ## `PETITIONER EXHIBITS` |`Exhibit P1`|`A TRUE COPY OF THE LETTER OF AWARD`| |---|---| ||`ISSUED BY THE 2ND RESPONDENT DATED`| ||`14.6.2016.`| |`Exhibit P2`|`A TRUE COPY OF THE AGREEMENT ENTERED`| ||`INTO BETWEEN THE PETITIONER AND THE`| ||`2ND RESPONDENT ON 30.7.2021.`| |`Exhibit P3`|`A TRUE COPY OF THE JUDGMENT BY THE`| ||`HONOURABLE SUPREME COURT IN WRIT`| ||`PETITION (C) NO.373/2017 DATED`| ||`30.10.2018.`| |`Exhibit P4`|`A TRUE COPY OF THE INTERIM ORDER`| ||`PASSED IN WP(C)13809/2018 BY THE HIGH`| ||`COURT OF DELHI DATED 15.3.2019`| |`Exhibit P5`|`A TRUE COPY OF THE LETTER ISSUED BY`| ||`THE 3RD RESPONDENT DATED 21.5.2019.`| |`Exhibit P6`|`A TRUE COPY OF THE LETTER ISSUED BY`| ||`THE 3RD RESPONDENT DATED 27.8.2019.`| |`ExhibitP7`|`A TRUE COPY OF THE LETTER NO.2016/TG-`| ||`III/600/01 ISSUED BY THE GOVERNMENT OF`| ||`INDIA/ MINISTRY OF RAILWAYS/ RAILWAY`| ||`BOARD DATED 13.12.2021`| |`Exhibit P8`|`A TRUE COPY OF THE LETTER ISSUED BY`| ||`THE 2ND RESPONDENT DATED 17.1.2022.`| |`Exhibit P9`|`A TRUE COPY OF THE LETTER ISSUED BY`| ||`THE PETITIONER DATED 2.2.2022 TO THE`| ||`2ND RESPONDENT.`| |`Exhibit P10`|`A TRUE COPY OF THE LETTER ISSUED BY`| ||`THE 2ND RESPONDENT DATED 3.2.2022.`| |`Exhibit P11`|`A TRUE COPY OF THE INTERIM ORDER`| ||`PASSED BY THIS HONOURABLE COURT IN`| ||`WP(C).NO. 5483/2022 DATED 25.2.2022`| |`Exhibit P12`|`A TRUE COPY OF THE INTERIM ORDER`| ||`PASSED IN WP(C).NO. 2249/2022 DATED`| ||`11.7.2022.`| |`Exhibit P13`|`TRUE COPY OF THE INTERIM ORDER DATED`| ||`27.9.2022 IN WP(C) 30155/2022 OF THE`| ||`HONOURABLE HIGH COURT OF KERALA.`| |`Exhibit P14`|`A TRUE COPY OF THE TENDER NOTICE`| W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **10** ``` INVITING THE BID ISSUED BY SOUTHERN RAILWAY-PALAKKAD DIVISION IN RESPECT OF THE CATERING STALL NO.MAJN/49 ON PLATFORM NO.1 AT MANGALORE JUNCTION RAILWAY STATION DATED NIL. ``` - `Exhibit P15 A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 8.12.2022 IN FAVOUR OF THE 5TH RESPONDENT.` - `Exhibit P16 A TRUE COPY OF THE LETTER ISSUED BY THE NORTHERN RAILWAY ISSUED TO THE SENIOR DIVISIONAL COMMERCIAL MANAGER DATED 29.8.2019.` - `Exhibit P17` - `Exhibit P18` - `A TRUE COPY OF THE LETTER ISSUED BY THE NORTH CENTRAL RAILWAY DATED 12.6.2019.` - `A TRUE COPY OF THE LETTER ISSUED BY THE SOUTH EASTERN RAILWAY DATED 28.5.2019.` - `Exhibit P19 A TRUE COPY OF THE LETTER ISSUED BY THE EAST COAST RAILWAY DATED 3.6.2019.` ``` Exhibit P20 ``` - `A TRUE COPY OF THE LETTER ISSUED BY THE EASTERN RAILWAY TO ON CHANDAN RAJ DATED 8.12.2022` ``` Annexure ICopy of finalization of tender proceedings ``` W.P.(C).Nos.30155 of 2022 & 4975 of 2023 **11** ## **`APPENDIX OF WP(C) 30155/2022`** ## `PETITIONER EXHIBITS` ``` Exhibit P1A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE 2ND RESPONDENT DATED 14.6.2016. Exhibit P2A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT ON 30.7.2021. Exhibit P3A TRUE COPY OF THE JUDGMENT BY THE HONOURABLE SUPREME COURT IN WRIT PETITION (C) NO.373/2017 DATED 30.10.2018. Exhibit P4A TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C) 13809/2018 BY THE HIGH COURT OF DELHI DATED 15.3.2019. Exhibit P5A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 21.5.2019. Exhibit P6A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 27.8.2019. Exhibit P7A TRUE COPY OF THE LETTER NO.2016/TG- III/600/01 ISSUED BY THE GOVERNMENT OF INDIA/ MINISTRY OF RAILWAYS/ RAILWAY BOARD DATED 13.12.2021. Exhibit P8A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 17.1.2022. Exhibit P9A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 2.2.2022 TO THE 2ND RESPONDENT. Exhibit P10A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 3.2.2022. Exhibit P11A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WP(C).NO. 5483/2022 DATED 25.2.2022. Exhibit P12A TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C). NO. 22499/ 2022 DATED 11.7.2022. ```