IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 26140 of 2005(J) -------------------------- PETITIONER(S): --------------- T.SREEKUMAR, PROPRIETOR, SARAS INDIA ADVERTISING COMPANY, ANANDA BHAVAN, KURUMANDALAM, PARAVOOR, KOLLAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS. 2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRIVANDRUM. ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 26140/2005. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETER DT. 7-6-2005. EXT.P1(a) TRUE COPY OF SKETCH. EXT.P2 LETTER DT. 5-7-2005. EXT.P2(a) TRUE COPY OF SKETCH. EXT.P3 LETTER DT. 7-7-2005. EXT.P3(a) ROUCH SKETCH. EXT.P4 REPRESENTATION DT. 8-7-2005. EXT.P4(a) TRUE COPY OF SKETCH. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26140 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th October, 2008. J U D G M E N T The petitioner is a person who aspires to erect hoardings in the premises of railway station. The petitioner submitted an application for permission to erect hoardings in the premises of the Trivandrum Central Railway Station. Petitioner's grievance is that for the last eight years, the allocation of space for erecting hoardings was on the basis of request made by the parties without inviting tenders. According to him, even the rental charges are fixed at the discretion of the officials of the respondent. The petitioner therefore seeks the following relief: “Issue a writ of mandamus order or direction directing the respondents to adopt the procedure of issuing tender notifications in letting out the right of advertisement in the hoarding and premises of Trivandrum Railway Station.” 2. It cannot be disputed that the respondents, being public authorities, cannot award contracts except through public tenders or public auction. Therefore, if the respondents intend to permit others to erect hoardings in the premises of the Railways, that shall only be through public tenders or public auction, failing which the award of contracts for the same would be arbitrary and unsustainable. With the above direction, the writ petition is disposed of. sd/- S. Siri Jagan, Judge. Tds/