IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 19038 of 2008(N) -------------------------- PETITIONER(S): --------------- MR.KRISHNAN.K.V, EX NAIK NO.13906652, RESIDING AT 'KRISHNA', P.O.MELUR (VIA), PALAYAD, THALASSERY, KANNUR DIST-670601. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. COMMANDANT, RAKSHA SUREKSHA CORPS CENTRE, DEFENSE SECURITY CORPS CENTRE, PIN:901277. 2. THE ZILA SAINIK WELFARE OFFICER, ZILA SAINIK WELFARE OFFICE, BERNASSERI, KANNUR. 3. THE STATE SAINIK WELFARE OFFICER, VIKAS BHAVAN, TRIVANDRUM. 4. UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF DEFENCE, NEW DELHI. 5. MR.K.L.AGARWAL, C 625/ BRIDGE BHAVAN, PUTHUVIHAR, RAJASTHAN, PIN-301001 NOW AT KANNUR AS CANTEEN CONTRACTOR, DSC CENTER, ZILA SAINIK OFFICE BERNASSERI, KANNUR. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 TO 4 SMT.LATHA PRABHAKARAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.19038 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of June, 2009 J U D G M E N T Petitioner, an ex-serviceman was running a tea canteen at the Defence Security Corps Centre for about 15 years. While so, R1(c) notification was issued on 28.2.2006, inviting applications from interested persons to conduct wet canteen, tea canteen and tailoring shops. All persons including ex-servicemen were entitled to bid for the right to conduct wet canteen. It seems that the petitioner claimed a preferential right to conduct wet canteen on the ground that he is an ex-serviceman. He places reliance of Ext.P1 communication issued by the 3rd respondent, which according to him shows that the right to conduct wet canteen or any other canteen is available only to Ex-servicemen. 2. 5th respondent responded to R1(c) notice. Petitioner did not. Ultimately 5th respondent was chosen. This has been challenged in the writ petition. The right to run the wet canteen at the DSC centre pursuant to R1(c) was WPC.No.19038 OF 2008 : 2 : awarded with effect from November, 2006 for a period of 5 years. Petitioner approaches this court in the year 2008 contending that the wet canteen inside the cantonment board cannot be given to a civilian. He claims a right to be considered, as an Ex-serviceman. The writ petitioner has proceeded on the premises that the period of licence issued to the 5th respondent is about to expire. A counter affidavit has been filed by the 1st and 4th respondent and separate counter affidavit is filed by 5th respondent. 3. It is affirmed in the Counter Affidavit filed by the first respondent that the canteen shops in DSC centre are under the control of the Commandant of the DSC centre. The petitioner was running a tea stall and licence for the same was not renewed. Wet canteen of the DSC centre can be run by outsiders as well and accordingly applications were invited from outsiders as well as Ex-servicemen. Petitioner did not choose to apply. 5th respondent applied. Contract was awarded and the agreement executed by the 5th respondent is WPC.No.19038 OF 2008 : 3 : valid for a period of 5 years from 1st November, 2006 to 31.10.2011. Assertion made by the petitioner that the period of contract of the 5th respondent is about to expire, is wrong. 4. It is clear from the counter affidavit as also Ext.R1 (c) notification that the right to run wet canteen at DSC centre is not confined to Ex-servicemen. It is therefore that outsiders had also applied. There is nothing which stood in the way of the petitioner applying pursuant to Ext.R1(c). There is no illegality in the award of contract to the 5th respondent. In fact it is not specifically challenged. 5. I also take note of the fact that 5th respondent executed an agreement on 1.11.2006 and the writ petition has been filed only on 24.6.2008. 6. There is no merit in the writ petition. It is accordingly dismissed. (V.GIRI, JUDGE) jma