IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 11773 of 2010(V) -------------------------- PETITIONER: --------------- M/S.HOTEL HIGHWAY PALACE, NH-47, PEECHI JUNCTION, PATTIKKAD, TRICHUR, HAVING ITS OFFICE AT ERNAKULAM RAILWAY STATION, PLATFORM NO.1, ERNAKULAM SOUTH, REP. BY ITS MANAGING PARTNER JOHN JOSEPH, AGED 55 YEARS,S/O.JOSEPH, PARAKAL HOSUE,WARIAM LANE,MANNUTHI P.O.,TRICHUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: --------------- 1. DEPUTY GENERAL MANAGER, INDIAN RAILWAYS CATERING AND TOURISM CORPORATION LTD., 6A, THE RAIN TREE PLACE, No.9, Mc NICHOLAS ROAD, CHENNA-600 031. 2. THE REGIONAL MANAGER, INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD., REGIONAL OFFICE, 40/8194, SALIH ARCADE(IST FLOOR), CONVENT ROAD, ERNAKULAM-682 035. 3. M/S.NESTLE INDIA LIMITED, VITH FLOOR SPENCERS PLAZA, 769, ANNA SALAI, CHENNAI-600 002, REP. BY THE BRANCH MANAGER. ADV. SRI.M.C.CHERIAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.11773 of 2010 --------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT This is a case where the petitioner is stated to have entered into an agreement with the third respondent for conducting the right to have vending distribution of the products of Nestle and sell the products in the stall located in Ernakulam Town Railway Station. According to the petitioner, the petitioner has invested a huge amount for the business and to put up various structures. An agreement executed for it has been produced as per Ext.P1 in the writ petition. The petitioner is aggrieved by the action taken up by the Railway to cut the power connection which is essential to continue the business. It is in this circumstance, this writ petition has been filed seeking for a direction to the respondent not to disconnect the electricity supply for running AVM Nestle Stall at Town Railway Station. 2. The learned Standing Counsel for first and second respondents has filed statement. It is pointed out that the agreement is only with the third respondent and there is no contractual relationship between the petitioner and respondents 1 and 2. It is further pointed out that the third respondent has requested IRCTC as per letter dated 9/3/2010, WPC.No.11773/2010 : 2 : to discharge their contract in respect of all A.V.Ms in Ernakulam Region, including the A.V.M in question and requested for permission to remove their structures at the locations concerned. The same has been produced as Ext.R1(A). It is further submitted that a decision has been taken to disconnect the power supply and it is remaining functionless from then onwards. 3. This is a case where the respondents 1 and 2 deny any contractual arrangement with the petitioner; obviously the petitioner has arrangement only with the third respondent. The petitioner is only a sub-licensee. IRCTC has not been intimated about any sub-license or sub-contract between the petitioner and third respondent. In that view he is not entitled to be granted any relief in this writ petition. Respondents 1 and 2 will give sufficient time for removing the structures and it is asserted by the petitioner that the properties belonged to him. The petitioner and third respondent are granted 15 days time from today to remove these structures. The writ petition is dismissed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) skj