IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23191 of 2009(T) -------------------------- PETITIONER(S): --------------- L.KAMALAKSHI AMMA, WIFE OF LATE K.M.RAMAKRISHNA PILLAI, AGED 70 YEARS, RESIDING AT CHANDRA NIVAS, NEAR CRAVEN HIGH SCHOOL, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR SRI.LEO GEORGE SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF RAILWAYS, RAIL MANTHRALAYA, RAFI MARG, NEW DELHI-110001. 2. THE RAILWAY BOARD, REP. BY ITS CHAIRMAN RAIL BHAVAN, NEW DELHI. 3. THE EXECUTIVE DIRECTOR (TOURISM AND CATERING), RAILWAY BOARD, RAIL BHAVAN NEW DELHI. 4. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD., BANK OF BARODA BUILDING 16, PARLIAMENT STREET, NEW DELHI-110001. 5. REGIONAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD., 40/8194, SALIH ARCADE, CONVENT ROAD, ERNAKULAM. ADV. SRI.M.C.CHERIAN,SC,RAILWAY CATERING FOR R4 & R5 SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).23191/2009 -------------------- Dated this the 24th day of August, 2009 JUDGMENT Petitioner is the licensee of a 'Non Vegetarian Refreshment Room' in Thiruvananthapuram Central Railway Station. Earlier license was granted for such Refreshment room for a period of five years and extension also used to be granted for such periods. But change of the policy came to be challenged in a batch of writ petitions before this Court and ultimately the matter had reached the Supreme Court as evidenced by Ext.P4 judgment. The right of the Railways/IRCTC to make alternate arrangements for the conduct of Refreshment rooms as per the existing policy or by the revised policy, has been accepted. Insofar as the petitioner is concerned, she has been continuing on a temporary extension granted from time to time subsequent to the expiry of the previous licence in the year 2005. Ext.P6 dated 22.5.2009 evidences a further temporary extension of the licence of the petitioner till 30.9.2009 or till finalization of the award of fresh licence whichever is earlier. Petitioner has been continuing there upon. Licence fee has been W.P.(C).23191/2009 2 remitted. In the meanwhile, according to the petitioner, Railways have taken a policy to take over the conduct of Refreshment stalls from the IRCTC. This aspect has been refuted by the respondents. But the challenge in the writ petition is against Ext.P9, wherein referring to the fact that the licence fee has been remitted for the period upto 30.9.2009, it is intimated that the IRCTC has decided to operate the catering unit departmentally and the temporary extension granted under Ext.P6 has therefore to be abridged to 15.8.2009. This is under challenge in the writ petition. 2. Counter affidavit has been filed by the respondents wherein it is pointed out that the petitioner's tenure is governed by Ext.P6 and as a licensee, she cannot compel the Railways to grant licence beyond the period. 3. I heard learned counsel for the petitioner, Mr.Suresh Kumar and learned Standing Counsel for the Railways Mr.M.C.Cherian. W.P.(C).23191/2009 3 4. The present continuance of the petitioner as a licensee operating a 'Non Vegetarian Refreshment Room' is governed by Ext.P6. The term expires by 30.9.2009. There is no allegation that the conditions of licence have been contravened. In the circumstances, petitioner may be permitted to continue till 30.9.2009 in terms of Ext.P9. Writ petition is disposed of as above. V.GIRI, Judge mrcs