This writ petition challenged tariff circular provisions and proceedings regarding hoarding charges. The Court dismissed the petition as infructuous because the tender for the hoardings was awarded to subsequent tenderers during the writ's pendency.
The writ petition was dismissed as infructuous.
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 : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.13780 of 2015 and M.P.Nos.1 & 2 of 2015
M/s. Prakash Arts Pvt. Ltd, Rep. By its Regional Head M.Yogan, Real Towers No.2, 2nd Floor, No.51/52, Royapettah High Road, Chennai – 600 004.
... Petitioner
The Senior Divisional Commercial Manager, Southern Railway, Chennai Division, Chennai – 600 003.
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records in Tariff Circular for Commercial Publicity issued by the 2nd respondent with effect from 01.04.2014 as far as levying the vantage charges as special position are concerned as per the Clause No.2 of the General Condition of the tariff circular and consequently, proceedings of the respondent in Letter No.M/C37/PUBTYMR0016H/20051415, dated 23.03.2015 for hoardings erected by the petitioner in Facing INDR towards SRP Tools 5th entrance south side and entrance to cycle stand and quash the same and further direct the respondent to renew the allotment order for the year 2014-15 by receiving the rental charges alone.
For Respondent : Mr.P.T.Ramkukar, Standing Counsel for Railways
Today, when the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that during the pendency of this writ petition, the tender relating to the hoardings had been awarded to subsequent
tenderers and hence, nothing survives for adjudication in this writ petition.
2.In view of the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
Av
To
The Senior Divisional Commercial Manager, Southern Railway, Chennai Division, Chennai – 600 003.
+1cc to M/s.R.T.Ram Kumar, SC Railways Advocate, S.R.No. 33394
W.P.No.13780 of 2015 and M.P.Nos.1 & 2 of 2015
VSN-II(CO) SB(19/08/2021)
1 issue framed by the court
Whether the writ petition seeking quashing of proceedings and renewal of allotment order survives given the award of new tenders during pendency.
1 provisions across 1 enactments
M/s. Prakash Arts Pvt. Ltd
The Senior Divisional Commercial Manager, Southern Railway
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
