The Court disposed of multiple writ appeals filed by P.K.Shefi challenging the non-renewal of catering licences by Southern Railway. Relying on a prior order in W.A.Nos.700 & 701 of 2016, the Court held that while Railways must exercise discretion reasonably, they remained at liberty to consider renewal applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Writ Appeal Nos.925 to 929 of 2016 and CMP.Nos.11784 to 11788 of 2016
P.K.Shefi ... Appellant in all the appeals
vs.
1.The Senior Divisional Commercial Manager,
Divisional Office, Commercial Branch,
Southern Railway,
Chennai- 600 003.
2.The Catering Inspector,
Southern Railway,
Chennai. ... Respondents in all the appeals
Writ Appeals filed under Clause 15 of the Letters Patent
against the common order passed by the learned Single Judge
dated 13.06.2016 in W.M.P.Nos.17137, 17139, 17141, 17143 and
17145 of 2016 in W.P.Nos.19872 to 19876 of 2016 respectively.
WMP No.17137,17139,17141,17143 & 17145 of 2016:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim direction directing the 2nd respondent to forthwith permit the petitioner to operate the Trolley No.MAS/T1 at Katpadi Railway station, to operate the Trolley No.MAS/T2 at Katpadi Railway Station, to operate stall No.MAS/S44 on platform 2/3 at the Perambur Railway Station, to operate the Stall No. MAS/ S43 on Platform No.1 at Basin Bridge Railway Station, to operate the Stall No. MAS/ S27 on Platform No.2/3 at Thiruvallore Railway Station respectively pending on the disposal of the Writ Petitions 19872 to 19876/2016.
W.P.Nos.19872 to 19876 of 2016:
Writ Petition are filed Under Article 226 of the Constitution of India pleased to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 04.06.2016 of the 2nd respondent and quash the same and consequently direct the respondents to extend the licence in favour of the petitioner for a further period of 3 years in respect of the Trolley No.MAS/T1 at Katpadi Railway station, Trolley No.MAS/T2 at Katpadi Railway station, stall No.MAS/S44 on platform 2/3 at the Perambur Railway Station, Stall No. MAS/ S43 on Platform No.1 at Basin Bridge Railway Station, Stall No. MAS/ S27 on Platform No.2/3 at Thiruvallore Railway Station respectively.
For Respondents : Mr.P.T.Ramkumar, Standing Counsel
COMMON JUDGMENT (Order of the Court was made by HULUVADI G. RAMESH,J.) Mr.P.T.Ramkumar, learned standing counsel accepts notice on behalf of respondents 1 and 2.
"As per the ratio laid down by the Apex Court in the aforesaid judgment in paragraph-33, the provisions of the Catering Policy 2010 are applicable to the respondents concerned and the
action of the Railways in not granting renewals of the licences to the members of the respondents is arbitrary, unreasonable, unfair and discriminatory and the same cannot be allowed to sustain in law. But the fact remains that even as per clause 26.1.1 of the 2010 policy, in the case on hand, it is still open to the respondent-Railways to consider the application submitted by the appellant/writ petitioner for the remaining period without being influenced by any external factors. However, so far as the extension of the 2005 policy is concerned, we are of the view that it is the discretion of the respondent-Railways to do the needful in accordance with law by a reasoned decision, taking note of the fact that the appellant/writ petitioner had successfully completed the period of five years and also further one more year on satisfactory performance. With these observations, both the writ appeals are disposed of."
Colour shows how this judgement treated each authority
Writ Appeals Nos.700 & 701 of 2016Followed¶4
W.A.Nos.700 and 701 of 2016
Apex CourtReferred¶17
P.K.Shefi
The Senior Divisional Commercial Manager
The Catering Inspector
HULUVADI G. RAMESH
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
