Allowed

A. Sarabeevi v. Southern Railway

Kerala HC8 Feb 2024WP(C)/906/2024

Case brief

AI extract

What is this about?

Railway food stall licencee who defaulted on licence fee sought permission to run her stall at Shoranur Junction on undertaking to clear arrears with penal interest. The Railway agreed to renew her licence if arrears were paid within 15 days; the court allowed the petition on those terms, reserving liberty to act against her on default.

What did the court decide?

Petitioner permitted to pay defaulted licence fee plus penal interest within 15 days and to run the stall forthwith; Railways free to act without notice on failure.

A. Sarabeevi Vs Southern Railway — Contract and Commercial Disputes | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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WP(C) NO. 906 OF 2024

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PETITIONER:

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A. SARABEEVI,

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AGED 46 YEARS, D/O. LATE ABDUL AZEEZ, EMM MAIN STREET, DIESEL LOCO SHED OPP ROAD, ERODE P.O, TAMILNADU, PIN-638 001.

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BY ADVS.K.SANEESH KUMAR

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V.B.SANTHINI

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RESPONDENTS:

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1 SOUTHERN RAILWAY REPRESENTED THROUGH ITS SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT, PIN-678 002.

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2 SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISION OFFICE, COMMERCIAL BRANCH, (PALAKKAD DIVISION) PALAKKAD DISTRICT, PIN-678 002.

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SMT. MINI GOPINATH, CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.906 OF 2024

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JUDGMENT

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Dated this the 8^th day of February, 2024

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The petitioner is a licencee, who is operating Food Stall

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at the Shoranur Junction Railway Station. She relies on Ext.P1 Letter of Award for substantiation and concede that she was unable to pay certain portions of the licence fee for the said Stall within the stipulated time; but asserted that this is on account of extenuating circumstances faced, consequent to fiscal constraints. She however, undertook that she will pay the defaulted portion of the licence fee, along with the applicable penal interest as is contractually mandated, within a period of two weeks; and that the competent authority of the Railway – the 2^nd respondent, be directed to grant permission to run the Stall in that question.

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Sri. Mini Gopinath – learned Central Government Counsel, in response to the afore submissions of the petitioner, as argued by her learned counsel - Sri.K. Saneesh Kumar, submitted that if the petitioner is willing to pay the defaulted portion of the licence fee, along with the

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W.P.(C) NO.906 OF 2024

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applicable penal interest as per the contractual terms, within a period of 15 days, then her licence can be renewed and she can be permitted to run the Stall.

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Sri. K. Saneesh Kumar – learned counsel for the petitioner acceded to the afore time frame.

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In the afore circumstances, this writ petition is allowed, permitting the petitioner to pay the defaulted portion of the licence fee, along with the applicable penal interest as per the contractual terms, within a period of 15 days from the date of receipt of a copy of this judgment; failing which, the competent authority of the Railways is reserved full liberty to take necessary action against her for violation of the contractual terms, without any further notice.

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In the circumstances afore, and since the petitioner undertakes to pay the licence fee as noted above, she will be permitted to run the Stall forthwith, however, subject to the afore directions.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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bpr

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W.P.(C) NO.906 OF 2024

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APPENDIX OF WP(C) 906/2024

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE 2ND RESPONDENT DATED 11.7.2018 Exhibit P2 A TRUE COPY OF THE MASTER LICENSE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 5.11.2018. Exhibit P3 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT WHICH IS STYLED AS SHOW CAUSE NOTICE DATED 28.12.2023. Exhibit P4 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 28.12.2023. Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C) 29381/2016 DATED 2.9.2016 OF THIS HONOURABLE COURT. Exhibit P6 A TRUE COPY OF THE JUDGMENT IN WP(C) 10745/2018 ALONG WITH OTHER CONNECTED MATTERS DATED 2.4.2018 OF THIS HONOURABLE COURT.

A. Sarabeevi v. Southern Railway

Case brief

What is this about?

What did the court decide?

A. Sarabeevi v. Southern Railway

Case brief

What is this about?

What did the court decide?

What the court decided

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