Disposed

Sarasan M.P v. Union of India

Kerala HC1 Jul 2021WP(C)/12715/2021

Case brief

AI extract

What is this about?

In a writ petition filed by a holder of a vehicle parking contract at Kollam Junction Railway Station, the petitioner, unable to collect charges due to pandemic restrictions, sought extension of the contract term via representations alleged to be ignored. The Court directed the fourth respondent to consider these representations and pass orders after affording the petitioner an opportunity of hear

What did the court decide?

The fourth respondent directed to consider representations Exts. P3 and P6, afford petitioner opportunity of hearing, and pass orders within one month.

Sarasan M.P Vs Union of India — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943 WP(C) NO. 12715 OF 2021

¶4

PETITIONER:

¶5

SARASAN M.P AGED 64 YEARS, S/O. LATE M.K.PADMANABHAN,MEKKEVELIYIL(H), NADAKKAVU.P.O, UDAYAMPEROOR,ERNAKULAM, PIN CODE-682307.

¶6

BY ADVS. K.S.BABU N.SUDHA BABU SHANKAR MINU SIBY ROY ALVIN JEWEL S.S

¶7

RESPONDENTS:

¶8

1 UNION OF INDIA REPRESENTED BY IT'S PRINCIPAL SECRETARY, MINISTRY OF RAILWAYS,RAIL BHAWAN,NEW DELHI110001.

¶9

2 SOUTHERN RAILWAY HEAD QUARTERS OFFICE,PARK TOWN,CHENNAI-600003, REPRESENTED BY ITS GENERAL MANAGER.

¶10

3 THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY,HEAD QUARTERS OFFICE, PARK TOWN,CHENNAI-600003.

¶11

4 THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY TVM DIVISION,THIRUVANANTHAPURAM-695014.

¶12

¶13

W.P.(C) No.12715 of 2021

¶14

5 DIVISIONAL RAILWAY MANAGER, DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695014.

¶15

BY ADVS. SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS SRI.DINESH RAO, SC

¶16

WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

¶18

W.P.(C) No.12715 of 2021

¶19

W.P.(C) No.12715 of 2021

¶20

J U D G M E N T

¶21

The petitioner has been awarded a vehicle parking contract by Southern Railway. Ext.P1 is the award. In terms of Ext.P1, the petitioner was permitted to collect parking charges from vehicles parked at the Kollam Junction Railway Station for the period from 23.03.2021 to 22.06.2021. The case set out by the petitioner is that he was unable to collect parking charges as contemplated due to lock down, curfew and other restrictions imposed in connection with the prevention of the spread of pandemic, Covid-19. The petitioner, therefore, made Ext.P3 representation on 23.04.2021 before the fourth respondent, seeking orders for extension of the term of the contract. It is stated that since Ext.P3 representation was not considered, the petitioner preferred Ext.P6 representation also before the fourth respondent, seeking the very same relief. It is alleged that Exts.P3 and P6 representations are not being considered by the fourth respondent. The petitioner, therefore,

¶22

¶23

W.P.(C) No.12715 of 2021

¶24

seeks appropriate directions in this regard in the writ petition.

¶25

2 . Heard the learned counsel for the petitioner as

¶26

also the learned Standing Counsel for the Railway.

¶27

3 . The learned Standing Counsel for the Railway seeks time to get instructions.

¶28

Having regard to the peculiar facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the fourth respondent to consider and pass orders on Exts.P3 and P6 representations, after affording the petitioner an opportunity of hearing. Ordered accordingly. This shall be done within one month from the date of receipt of a copy of the judgment.

¶29

Sd/- P.B.SURESH KUMAR, JUDGE.

¶30

¶31

W.P.(C) No.12715 of 2021

¶32

¶33

APPENDIX OF WP(C) 12715/2021

¶34

PETITIONER'S EXHIBITS:

¶35

Exhibit P1 THE TRUE COPY OF THE WORK ORDER DATED 20.03.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

¶36

Exhibit P2 THE TRUE COPY OF THE DEMAND DRAFT ISSUED BY THE AUTHORIZED SIGNATORY FOR AN AMOUNT OF RS.5,56,600/-(RUPEES FIVE LAKH FIFTY SIX THOUSAND SIX HUNDRED ONLY),IN FAVOUR OF SENIOR DIVISIONAL FINANCE MANAGER,SOUTHERN RAILWAY,THIRUVANANTHAPURAM

¶37

Exhibit P3 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23.04.2021 SUBMITTED BY THE PETTITIONER

¶38

Exhibit P4 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF THE 4TH RESPONDENT Exhibit P5 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF 5TH RESPONDENT Exhibit P6 THE TRUE COPY OF REPRESENTATION DATED 19.06.2021 SUBMITTED TO THE 4TH RESPONDENT Exhibit P7 THE TRUE COPY OF POSTAL RECEIPT DATED 21.06.2021.

Sarasan M.P v. Union of India

Case brief

What is this about?

What did the court decide?

Sarasan M.P v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.v.Shubha Vs State of Kerala

Reshma Sabu Vs Union of India

Gokulraj.P. Vs the Director, Directorate of Medical Education

George Elias and Associates Vs State of Kerala

Jomol John Vs Bar Council of India

P. v .Mohanlal Vs Punjab National Bank Ltd.