Dismissed

Sunny George v. Union of India

Kerala HC20 Oct 2022WP(C)/27684/2022

Case brief

AI extract

What is this about?

This writ petition challenged the Railways' closure of a Refreshment Room for redevelopment and the subsequent tendering for a Food Plaza. The court held that the redevelopment action was not arbitrary or malafide and dismissed the petition, declining to interfere with the tender process or mandate a new Refreshment Room.

What did the court decide?

The writ petition dismissing the petitioner's prayers for declarations, cancellation of tender, and directions to establish a Refreshment Room.

Sunny George Vs Union of India — Public Procurement and Tenders | Kerala HC (2022)

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W.P.(C).27684 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 WP(C) NO. 27684 OF 2022

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PETITIONER:

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SUNNY GEORGE AGED 46 YEARS S/O. P.GEORGE KUTTY, RESIDING AT SAJAN VILLA, ERICKAVU, KARTHIKAPPALLY(PO), ALAPUZHA DISTRICT, PIN-690516.

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BY ADVS. B.BIPIN SUNEESH KUMAR R. N.SUNIL JOSEPH ARUN BOSE

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF RAILWAYS, RAIL BHAVAN, 1 RAISINA ROAD, NEW DELHI, PIN-110001.

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2 THE GENERAL MANAGER SOUTHERN RAILWAY, GEORGE TOWN, CHENNAI, PIN-600001.

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3 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM, PIN-695001.

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W.P.(C).27684 of 2022

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4 THE STATION HOUSE OFFICER ERNAKULAM JUNCTION RAILWAY STATION, SOUTHERN RAILWAY, ERNAKULAM SOUTH (PO), ERNAKULAM DISTRICT, PIN-682016.

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5 INDIAN RAILWAY CATERING AND TOURISM CORPORATION REGISTERED OFFICE AT B-148, 11TH FLOOR, STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI-110001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

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6 THE CHAIRMAN AND MANAGING DIRECTOR, INDIAN RAILWAY CATERING AND TOURISM CORPORATION(IRTC), REGISTERED OFFICE AT B-148, 11 TH FLOOR, STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI-110001.

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7 GROUP GENERAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRTC), 11TH FLOOR, STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI-110001.

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8 THE GENERAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRTC) SOUTHERN ZONE, 6A, THE RAIN TRE PLACE, NO.9, MC NICHOLAS ROAD, CHETPET, CHENNAI-600031.

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9 THE REGIONAL MANAGER, INDIAN RAILWAYS CATERING AND TOURISM CORPORATION (IRTC), ERNAKULAM, ERNAKULAM SOUTH(PO),PIN-682016. BY ADVS. SRI.JAI SANKAR V. NAIR, CGC SMT.ASHA CHERIAN, SC, IRCTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).27684 of 2022

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J U D G M E N T

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Dated this the 20^th day of October, 2022

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S.MANIKUMAR, CJ.

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Instant writ petition is filed by the petitioner for the following reliefs:

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(i) To issue a declaration that the respondents are bound to provide 'Refreshment Rooms' at the Ernakulam South Railway Station forthwith and that any delay in restarting the Refreshment Room' at the Ernakulam South Railway Station is illegal, arbitrary, discriminatory, and vitiated by malafides.

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(ii) To issue a further declaration that respondents are bound to earmark sufficient space for starting a new Refreshment Room' at the Ernakulam South Railway Station before proceeding with Exhibit P4 tender in respect of Food Plaza at the Ernakulam South Railway Station and to further declare that in case of nonavailability of sufficient space for starting a new 'Refreshment Room' at the Ernakulam South Railway Station, the respondents are bound to cancel Exhibit P4 tender in respect of the Food Plaza at Ernakulam South Railway Station and to issue fresh tender for Refreshment Room at the Ernakulam South Railway Station at the place provide for Food Plaza.

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(iii) To issue a writ of certiorari or any other writ, order or direction, calling for the records leading to Exhibit P4 and quash Exhibit P4 tender notice to the extent which invites tender for Food Plaza at Ernakulam Junction Railway Station.

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(iv) To issue a writ of writ of mandamus or any other appropriate writ, order or direction, directing the respondents to take urgent steps for starting 'Refreshment Room' at the Ernakulam South Railway Station either at the space earmarked for Food Plaza stall or at any other convenient place at Platform No. 1 of Ernakulam South Railway Station, forthwith.

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(v) To issue other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.

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W.P.(C).27684 of 2022

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Short facts leading to the filing of the writ petition are as under:

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2.1. Petitioner is stated to be a social worker and a public-spirited

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person. According to the petitioner, he is aggrieved by the malafide, arbitrary and illegal action of the respondents in not providing the inexpensive 'Refreshment Room' at Ernakulam Junction Railway Station, where food items are sold at the rates fixed by the Indian Railway Catering and Tourism Corporation(IRCTC)- the 5^th respondent, at a very reasonable and affordable prices and instead, they have issued tender for Food Plaza, whereby, the price of the food articles are on a much higher side as determined by the seller, that more than 40,000 passengers use Ernakulam South Railway Station per day; that the railway authorities have recently closed the Refreshment Room functioned at Ernakulam Junction citing development works; however it is understood that once the respondents allot Food Plaza at Ernakulam Junction Railway Station, no other spaces are available to start/ function Refreshment Room till the development works at the Platform No. 1 of the Ernakulam Junction Railway Station are over.

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2.2. According to the petitioner, thus, the act of the respondents in not providing Refreshment Room at Ernakulam Junction Railway Station by issuing fresh tender after the closure of the present Refreshment Room, citing development works and compelling the poor railway passengers to purchase food articles on much higher rates from the Food Plaza is illegal, arbitrary and

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W.P.(C).27684 of 2022

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vitiated with malafides.

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2.3. It is submitted by the petitioner that Refreshment Rooms at Ernakulam Junction, provides Tea, breakfast and meals at a very cheaper price prescribed by the 5^th respondent, which is evident from Exhibit P1. The Refreshment Room functioned at the Ernakulam Junction Railway Station was closed for facilitating the development works. The Food Plaza was also not functioning and at present, there are no restaurants available at the Ernakulam Junction Railway Station. Hence, the petitioner has made Exhibit P1 complaint in the complaint book provided at the Ernakulam Junction Railway Station and urged the authorities to make necessary arrangements for providing food articles to the passengers at a reasonable price.

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2.4. It is also submitted by the petitioner that now the 5^th respondent IRCTC has issued Exhibit P1 online tender for operation and management of Food Plazas at various Railway Stations including at Ernakulam Junction Railway Station. It is evident from Exhibit P4 that the price of the food articles at the Food Plazas are not prescribed by the 5^th respondent and that the licensee is permitted to sell items at market driven rates and that the rate of the food items furnished can be revised after six months from the last revision. According to the petitioner, at present, i.e., after the closure of the Refreshment Room for development work, the only space available for the functioning of restaurant is the previous Food Plaza portion at the Ernakulam

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W.P.(C).27684 of 2022

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Junction Railway Station; that on account of the development works, no other spaces are available at the Ernakulam South Railway Station for starting restaurants.

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2.5. Thus, according to the petitioner, if the 5^th respondent is permitted to proceed with Exhibit-P4 tender in respect of the Food Plaza at Ernakulam Junction Railway Station, they cannot invite tender for refreshment room at Ernakulam Junction Railway Station till the development works are over. It is submitted that there will not be any refreshment room at Ernakulam Junction Railway Station, for a few couple of years causing undue hardship and financial loss to poor railway passengers as the rates of the food articles at Food Plaza are not affordable. It is in this background, instant writ petition is filed by the petitioner seeking the above stated reliefs.

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Pursuant to the order dated 26^th August, 2022, Senior Divisional Commercial Manager, Southern Railway, Thiruvananthapuram – respondent No.3, has filed a counter affidavit dated 19^th October, 2022 which reads thus:

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“A. Railways have started remodelling and redeveloping many important Railway Stations across the length and breadth of India as per the decision of Hon'ble Railway Minister. Ernakulam Junction Railway Station is one of the stations selected for this remodelling and redevelopment.

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B. To facilitate the remodelling and redevelopment of Ernakulam Junction Railway Station, Railway Administration has closed many offices, restaurants and stalls which were working in a portion of the main building of Ernakulam Junction Railway Station, in pursuance of the objective of remodelling and redevelopment plan by Railway Ministry.

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W.P.(C).27684 of 2022

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C. The administrative control of major catering units has been awarded to IRCTC Indian Railways Catering and Tourism Corporation vide Catering Policy 2017 Accordingly and as per the prevailing guidelines, tendering of major catering units done by IRCTC.

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D. To facilitate the execution of remodelling and redevelopment of Ernakulam Junction Railway Station, the Refreshment Room run by Babu Caterers was closed after IRCTC gave them one month's notice.

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E. The Food Plaza which is in the adjoining building was run by M/s.CGH. M/s.CGH have prematurely closed down and exited before the termination of the contract.

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F. E-tendering is being processed by IRCTC inviting bids and awarding contract to run the Food Plaza in the adjoining building at Ernakulam Junction Railway Station. Once finalised and awarded, the Food Plaza will start functioning shortly.”

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Heard the learned counsel for the parties and perused the material available on record.

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From the counter affidavit filed by respondent No.3, it could be deduced that many railway stations have been identified for remodelling and redevelopment and in order to facilitate the above, railway administration has closed many offices, restaurants and stalls, which were working in a portion of the main building of Ernakulam Junction Railway Station. That apart, administrative control of major catering units has been awarded to IRCTC vide Catering Policy, 2017.

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It could also be deduced that the existing Food Plaza in the adjoining building run by M/s. CGH has prematurely closed down. As regards continuation of Food Plaza, e-tendering is being processed by IRCTC by

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W.P.(C).27684 of 2022

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inviting tenders and the categorical submission of the Senior Divisional Commercial Manager, Southern Railway, Thiruvananthapuram – respondent No.3, that once the tender for Food Plaza is finalised, the same will start functioning shortly.

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Thus, closure of the refreshment room at Ernakulam Junction Railway Station and the decision of the Railway Ministry for remodelling and redeveloping the railway stations across the length and breadth of the country, cannot be said to be illegal or arbitrary.

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In the light of the statement, it could be deduced that the Railways have started remodelling and redeveloping in many important railway stations across the length and breadth of the country to provide certain basic amenities, in railway stations and in the case at hand, steps are being taken by IRCTC to continue the Food Plaza functioning in the adjoining building.

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Contention that the food and other items supplied at the refreshment room was at a nominal rate and that the same cannot be expected in the Food Plaza, and therefore, a new refreshment room should be earmarked, also cannot be accepted, for the reason that the price of food and other items, varies from hotel to hotel. Giving due consideration to the rival submissions, we are of the view that the prayers sought for in the writ petition, cannot be granted.

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W.P.(C).27684 of 2022

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In the light of the above discussion, we are of the view that there is no arbitrariness or malafide in the action of the respondents, and therefore, the writ petition is dismissed.

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Sd/-

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S. MANIKUMAR, CHIEF JUSTICE

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Sd/- SHAJI P. CHALY,

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smv

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JUDGE

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W.P.(C).27684 of 2022

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APPENDIX OF WP(C) 27684/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE EXTRACT OF THE OPEN E- TENDER NO.SZ/NIT/REFRESHMENT ROOMS/201920/01 ISSUED ON BEHALF OF THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16.08.2022 OF THE PETITIONER

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Exhibit P3 TRUE COPY OF THE NEWS ARTICLE PUBLISHED IN THE TIMES OF INDIA DAILY DATED 15.08.2022 IN RESPECT OF THE CLOSURE OF REFRESHMENT ROOM AT SOUTH RAILWAY STATION, ERNAKULAM. Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE TENDER NO. CO/NIT/FP-FFU/2022/05 ISSUED BY THE 7TH RESPONDENT.

Sunny George v. Union of India

Case brief

What is this about?

What did the court decide?

Sunny George v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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