Madras High Court
S.Nagarajan vs The Chief Commercial Manager on 4 June, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.06.2015
CORAM
THE HONOURABLE MR.JUSTICE.R.MAHADEVAN
W.P(MD).No.1765 of 2015
and
M.P(MD)No.1 of 2015
1.S.Nagarajan, Licensee,
Catering and Bakery Stall,
Madurai Railway Junction.
2.N.Harshed, Licensee,
Catering and Bakery Stall,
Madurai Railway Junction.
3.A.Sethuraj, Licensee,
Catering and Bakery Stall,
Madurai Railway Junction.
4.M.D.Akbar, Licensee,
Catering and Bakery Stall,
Madurai Railway Junction.
5.Thamaraikani, Licensee,
Catering and Bakery Stall,
Madurai Railway Junction.
6.V.Subbaiah, Licensee,
Catering and Bakery Stall,
Dindigul Railway Junction.
7.R.Ethiraj, Licensee,
Catering and Bakery Stall,
Dindigul Railway Junction.
8.Abdul Mazeed, Licensee,
Fruit Stall,
Dindigul Railway Junction.
9.S.Mohammed Gani, Licensee,
Multi Stall,
Dindigul Railway Junction.
10.Azar Banis, Licensee,
Multi Stall,
Dindigul Railway Junction.
11.R.Radhakrishnan, Licensee,
Vending Trolly,
Kadayanallur Railway Station.
12.S.Ramachandran, Licensee,
V.L.R.,
Karaikudi Railway Station.
13.Muthupandiyan Licensee,
V.L.R.,
Vanji Maniyatchi Railway Station.
14.S.Subramanian, Licensee,
P.F. Stall,
Manamadurai Railway Station.
15.O.Adham, Licensee,
Fruit Stall,
Manamadurai Railway Station.
16.Nagoorgani, Licensee,
Multi Stall,
Manamadurai Railway Station.
17.C.Anitha, Licensee,
Multi Stall,
Manamadurai Railway Station.
18.Somasundaram, Licensee,
NVTS Stall,
Manamadurai Railway Station.
19.Balasubramani, Licensee,
P.F. Stall,
Thiruparankundram Railway Station.
20.Velu Mudaliyar, Licensee,
V.L.R., Senkottai Railway Station.
21.Rabik Raja, Licensee,
Multi Stall,
Ramanathapuram Railway Station.
22.Sankar Ganesh, Licensee,
NVTS,
Ramanathapuram Railway Station.
23.R.Ganesh, Licensee,
V.L.R. Stall.
Sivakasi Railway Station.
24.N.Manoharan, Licensee,
V.L.R.
Sankarankovil Railway Station.
25.R.Sivanandam, Licensee,
P.F. Stall,
Sankarankovil Railway Station.
26.Chandrasekar, Licensee,
Catering and Bakery Stall,
Tirunelveli Railway Station.
27.Chokkalingam, Licensee,
Multi Stall,
Tirunelveli Railway Station. ...Petitioner
Vs
1.The Chief Commercial Manager,
Passenger Services,
Southern Railway,
Park Town,
Chennai ? 600 003.
2.Senior Divisional Commercial Manager,
Southern Railway,
Divisional Office,
Madurai. ...Respondents
PRAYER
Writ Petition is filed under Article 226 of the Constitution of
India to issue a writ of Mandamus directing the 2nd respondent to consider
the petitioners' representation dated 19.01.15 seeking to permit them to keep
'Platform Vendors' for sale of items instead of 'Sales Persons' and pass
necessary orders on merit and in accordance with law within the period that
may be stipulated by this Court and pass such further or other orders as this
Court may deem fit and proper in the circumstances of this case and thus
render justice.
!For petitioner : Mr.M.E.Ilango
^For respondents : Mr.S.Manokaran
Government Advocate
:ORDER
The petitioner seeks for a Mandamus directing the second respondent to consider the petitioners' representation dated 19.01.2015 seeking to permit them to keep 'Platform Vendors' for sale of items instead of 'Sales Persons'.
2. The case of the petitioner is that they are the licensees of Catering and Bakery Stalls, Fruit Stalls, Multi Stalls, Vending Trolly, V.L.R.Stalls P.F.Stalls, N.V.T.S. Stalls at Madurai Railway Junction, Dindigul Railway Junction, Kadayanallur Railway Station, Karaidudi Railway Station, Vanji Maniyatchi Railway Station, Manamadurai Railway Station, Thiruparankundram Railway Station, Senkottai Railway Station, Ramanathapuram Railway Station, Sivakasi Railway Station, Sankarankovil Railway Station and Tirunelveli Railway Junction, respectively. The petitioners are engaging vendors to assist the petitioners to vend the products from stalls to the passengers in the platforms. As per instructions of the Head Quarters, the respondents have decided to issue new identity cards for licensees and for the employees working under them. As per the circular dated 05.11.2014, while fixing the number of staff for each stall as four, the second respondent has also chosen to re-designate them as sales persons. If it is done so, they will not be permitted to vend the products from the stalls to the passengers in the platform. The newly introduced 'Sales Person' cannot perform the required sales inside the stall and they cannot come out from the catering stalls to reach the passengers. Hence, the petitioners gave representations on 16.12.2014 and 19.01.2015 to the authorities concerned in this regard. Since no action has been taken so far, the petitioners have come before this Court.
3. The learned counsel appearing for the petitioners would submit that it would be suffice, if the representations of the petitioners are disposed of, by the respondents, on merits and in accordance with law, within the time stipulated by this Court. Further he has produced a copy of the Judgment of Kerala High Court, made in W.P(MD)No.34903 of 2014K to support the case of the petitioners.
4. The learned Government Advocate appearing for the respondents, on instructions, submitted that the petitioners' representations will be considered on merits and as per law.
5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.
6. In the above said decision made in W.P(MD)No.34903 of 2014K, the learned single Judge of Kerala High Court, held at paragraph No.2, as follows:
?2. In view of Ext.P.10, there shall be a direction to the second respondent to consider Ext.P.10 within a period of six weeks after affording an opportunity of hearing to the petitioners. Till then, the petitioners shall be permitted to vend their products in the platform through their licensed vendors/salesmen.?
7. In view of the above, without going into the merits of the claim made by the petitioners in this Writ Petition, the second respondent is directed to pass appropriate orders on the representations of the petitioners dated 19.01.2015, on merits and in accordance with law, after due opportunity of hearing to the petitioners, within a period of six weeks from the date of receipt of a copy of this order. Till then, the petitioners shall be permitted to vend their products in the platforms through their licensed vendors/salesmen. The petitioners shall also appear before the respondents as and when required by the authorities concerned and produce all the necessary documents along with the copy of the Judgment of Kerala High Court made in W.P(MD)No.34903 of 2014K.
8. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Chief Commercial Manager, Passenger Services, Southern Railway, Park Town, Chennai ? 600 003.
2.Senior Divisional Commercial Manager, Southern Railway, Divisional Office, Madurai.