Madras High Court
P.Nithya vs The Chief Commercial Manager on 27 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.15800 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.15800 of 2022
and WMP Nos.15086 and 15088 of 2022
P.Nithya ... Petitioner
Versus
1. The Chief Commercial Manager,
Commercial Branch,
Southern Railway,
Chennai-600003.
2. The Senior Divisional Commercial Manager,
Divisional Office,
Commercial Branch,
Southern Railway,
Chennai – 600003.
3.The Station Manager,
Jollarpettai Railway Station,
Jollarpettai,
Thirupathur District.
4. The General Manager,
Vellore-Thiruvanamalai District,
Co-Operative Milk Production Union Ltd,
No.142, Arcot Salai-Savanchai
Vellore .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue
Writ of Certiorarified Mandamus to call for the records relating to the impugned
Tender Notification issued by the second respondent vide Srl.No.16, Tender
https://www.mhc.tn.gov.in/judis
1/10
W.P.No.15800 of 2022
No.COMML-22016-MMPS-16-JTJ, Jollarpettai Station, Location PF.2/3 Dated
08.06.2022, quash the same and further direction directing the respondent to
renewal the license to run the Milk Stall at Jollarpettai Railway Station, Location
PF.2/3.
For Petitioner : R.Govindasamy
For Respondents : Mr.Prasad Vijayakumar
For R.1 to R.3
ORDER
This writ petition has been filed challenging the impugned tender notification dated 08.06.2022. Under the impugned tender notification, an Aavin Parlour at Jollarpettai Railway Station has been auctioned for lease. The said parlour was earlier taken on lease from the respondents by the petitioner for a period of five years. Due to COVID-19 lockdown imposed by the Government, the period of lease was also extended for a particular period by the respondents. The petitioner has submitted an application, seeking for renewal of lease on its expiry. The said application has been rejected by the orders of the respondents. Aggrieved by the same, the petitioner has filed a writ petition and has obtained an order of stay of the rejection order. In the meanwhile, the respondents have issued the impugned tender notification. The petitioner has challenged the same on the ground that even though the petitioner has sought for extension of lease, the respondents have issued the impugned tender notification. The petitioner claims https://www.mhc.tn.gov.in/judis 2/10 W.P.No.15800 of 2022 that she is a promoter and representative of Sri Ganapathy Women's Self Help Group. According to the petitioner, she is entirely depending on the income of the Aavin Parlour which is now running at Jollarpettai Railway Station. According to the petitioner, since the rejection order passed by the respondents rejecting the request made by the petitioner for renewal of licence has been stayed by the order of this Court in WMP No.13175 of 2022 in WP No.13911 of 2022 dated 03.06.2022, the question of auctioning the very same shop will not arise. According to the petitioner, the auction to be conducted under the impugned notification is arbitrary and illegal.
2. Heard Mr.R.Govindasamy, learned counsel for the petitioner and Mr.Prasad Vijayakumar, learned Standing Counsel for the respondents 1 to 3.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. Learned counsel for the petitioner drew the attention of this Court to various documents filed along with this writ petition, in particular, the letter dated 02.08.2021 sent by Vellore Thiruvannamalai District Co-operative Milk Production Union Ltd addressed to the Senior Divisional Commercial Manager, https://www.mhc.tn.gov.in/judis 3/10 W.P.No.15800 of 2022 Southern Railways. According to the petitioner, the Vellore District Co-operative Milk Production Union Limited represented her interest with regard to the renewal of Aavin Parlour at Jolarpettai Railway Station.
5. Learned counsel for the petitioner submits that even as early as on 02.08.2021, a request was made through Vellore District Co-operative Milk Production Union Limited, seeking for renewal of the lease. Therefore, according to the learned counsel for the petitioner, even before the six months period before the expiry of the lease, the petitioner had requested for renewal of the lease with the respondents.
6. Learned counsel for the petitioner also drew the attention of this Court to the letter dated 18.02.2022 sent by the petitioner to the fourth respondent requesting for renewal of the lease for a further period. He also drew the attention of this Court to the rejection order dated 18.05.2022 passed by the second respondent rejecting the petitioner's representation, seeking for renewal of the lease on the ground that the petitioner has not submitted the renewal application six months prior to the expiry of the lease. Learned counsel also drew the attention of this Court to the interim order granted by this Court in WMP No. WMP No.13175 of 2022 in WP No.13911 of 2022 dated 03.06.2022, under which, https://www.mhc.tn.gov.in/judis 4/10 W.P.No.15800 of 2022 the rejection order dated 18.05.2022 came to be stayed. According to the petitioner, possession of the petitioner over the Aavin Parlour cannot now to be disturbed. Learned counsel also drew the attention of this Court to the decision of the Hon'ble Supreme Court in the case of Senior Divisional Commercial Manager and Others vs S.C.R Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and another in Civil Appeal Nos.618-620 of 2016 rendered on 29.01.2016 and would submit that in similar circumstances, the Hon'ble Supreme Court had protected the interest of the lessee. According to him, under the aforementioned decision, the canteen Policy, 2010 of the Railways was also under consideration and the lessee was protected from eviction.
7. Mr.Prasad Vijayakumar, learned Standing Counsel appearing for the respondents 1 to 3 submits that there is an arbitration agreement available under the contract entered into between the petitioner and the respondents. He also submits that the same has been suppressed in the affidavit filed in support of the writ petition as well as in the affidavit filed in support of the earlier writ petition. According to the learned Standing Counsel when there is alternative efficacious remedy available to the petitioner, the present writ petition is not maintainable. According to him, earlier the request for extension of lease was rejected only on the ground that the said application was not submitted by the petitioner before six https://www.mhc.tn.gov.in/judis 5/10 W.P.No.15800 of 2022 months from the expiry of the licence. He also submits that for the non-operative period of the lease, the petitioner was granted extension and for the extended period, he was permitted to run the Aavin Parlour without payment of any additional lease rentals. Further, he would submit that impugned tender auction notification has been issued only in public interest. He would submit that the petitioner can participate in the impugned auction if he so desires to continue with the running of the Aavin Parlour.
Discussion :
8. Admittedly, the period of lease granted to the petitioner has come to an end. He has also been granted extension for the non-operative period due to COVID-19 Government imposed lockdown. The petitioner has also utilised the said extended period. In the lease agreement entered into between the petitioner and the respondents, there is a clause which provides for extension of lease at the option of the respondents. The right for extension under the said agreement is vested only with the respondents. The petitioner had also submitted an application seeking for extension of lease on 18.02.2022 with the fourth respondent which has been rejected by the second respondent on 18.05.2022 on the ground that the petitioner has not applied for extension of lease before six months from the date of expiry of the lease. However, according to the petitioner, she had submitted the application through Self Help Group viz., Sri Ganapathy Women's Self Help https://www.mhc.tn.gov.in/judis 6/10 W.P.No.15800 of 2022 Group before the six months period which is disputed by the learned Standing Counsel for the respondents, who submits that the petitioner has not submitted all the relevant documents in time and therefore, the application submitted through Vellore District Co-operative Milk Production Union Limited on 02.08.2021 seeking for renewal cannot be considered to be a proper application as per the lease agreement. The application for renewal dated 18.02.2022 submitted by the petitioner with the fourth respondent has also been rejected on 18.05.2022 on the ground that the petitioner's application has been submitted belatedly. The petitioner has challenged the rejection order dated 18.05.2022 by filing a writ petition in W.P.No.13911 of 2022. Even though an order of interim stay was granted on 03.06.2022 in WMP No.13175 of 2022 in W.P.No.13911 of 2022, the grant of stay by this Court on 03.06.2022 has no relevance to the facts of this case as it has only stayed the rejection order. In the said order, the petitioner's interest to remain in possession of the Aavin Parlour has not been protected and only the rejection order has been stayed.
9. In the case on hand, the petitioner has challenged the impugned tender notification issued by the respondents. Any auction is conducted only in public interest and only to get the best deal for the best possible price. There is no prohibition for the petitioner or her representative to participate in the impugned https://www.mhc.tn.gov.in/judis 7/10 W.P.No.15800 of 2022 auction. A policy decision has been taken by the respondents to call for the tender in respect of the shop, which is presently under the occupation of the petitioner. Unless and until the policy decision is arbitrary, irrational and illegal and shocks the conscience of this Court, this Court cannot interfere with the impugned tender notification. The impugned auction notification will not fall under the said category. There is also an arbitration agreement under the contract. The petitioner has also not exercised the same, but, instead, has chosen to file this writ petition.
10. For the foregoing reasons, there is no merit in this writ petition and the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
27.06.2022 sr/vsi2 Index: Yes/No Speaking Order/Non-Speaking Order Note: Issue Order copy on 28.06.2022 https://www.mhc.tn.gov.in/judis 8/10 W.P.No.15800 of 2022 To
1. The Chief Commercial Manager, Commercial Branch, Southern Railway, Chennai-600003.
2. The Senior Divisional Commercial Manager, Divisional Office, Commercial Branch, Southern Railway, Chennai – 600003.
3.The Station Manager, Jollarpettai Railway Station, Jollarpettai, Thirupathur District.
4. The General Manager, Vellore-Thiruvanamalai District, Co-Operative Milk Production Union Ltd, No.142, Arcot Salai-Savanchai Vellore https://www.mhc.tn.gov.in/judis 9/10 W.P.No.15800 of 2022 ABDUL QUDDHOSE, J sr W.P.No.15800 of 2022 27.06.2022 https://www.mhc.tn.gov.in/judis 10/10