IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 25970 of 2008(N) --------------------------------------- PETITIONER: ------------------- SYED SIRAJUDDIN, S/O.SYED CHANSAN, APPOOS, 1/1056A, NEAR KANAKALAYA BANK, WEST HILL P.O., CALICUT-5. BY ADV. MR.M.P.ASHOK KUMAR. RESPONDENTS: ------------------------ 1. THE SENIOR DIVISIONAL COMMERCIAL MANAGER (SOUTHERN RAILWAYS), DIVISIONAL OFFICE, COMMERCIAL BRANCH, PALAKKAD DISTRICT. 2. INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD., REGIONAL OFFICE, 40/8194, SALIH ARCADE, 1ST FLOOR, CONVENT ROAD, COCHIN-35, REPRESENTED BY ITS REGIONAL MANAGER. *ADDITIONAL 3RD RESPONDENT IMPLEADED: 3. SRI. P. UTHIRAPATHY, 9/1, HONEY DEW APARTMENT, 2ND STREET, HILL PARK, CHENNAI – 600 010. *ADDL.3RD RESPONDENT IMPLEADED AS PER ORDER IN I.A. 12787/08 DTD. 15/10/2008. R1 BY MR.SUBAL J.PAUL, SC, RAILWAYS, R2 BY MR.M.C.CHERIAN,SC,(IRCTC), ADDL.R3 BY SMT.SHAHNA KARTHIKEYAN, ADV.MR.V.ARUN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25970/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE. EXT.P.2: COPY OF THE CIRCULAR DTD. 22/06/2006. EXT.P.3: COPY OF THE APPLICATION DTD. 12/09/2006. EXT.P.4: COPY OF THE NOTICE DTD. 09/04/2007. EXT.P.5: COPY OF THE REPRESENTATION DTD. 25/04/2007 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE LETTER DTD. 22/04/2008. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).14040/08 DTD. 02/07/2008. EXT.P.8: COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF THE JUDGMENT BY THE R.1. EXT.P.9: COPY OF THE ORDER DTD. 25/07/2008 OF THE R.1. EXT.P.10: COPY OF THE ORDER NO. 2005/TG-III/600/5 DTD.09/03/2006 ISSUED BY THE GOVT. OF INDIA, MINISTRY OF RAILWAYS. EXT.P.11: COPY OF THE ORDER NO. IRCTC DTD. 27/08/2008. EXT.P.12: COPY OF THE ACCEPTANCE LETTER DTD. 30/09/2008. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER DTD. 26/03/2008 OF THE R.2. EXT.R2.B: COPY OF THE LETTER DTD. 27/12/2005 OF IRCTC TO PETITIONER. EXT.R2.C: COPY OF THE INFORMATION/DETAILS FURNISHED BY PETITIONER IN PROFORMA. EXT.R2.D: COPY OF THE LETTER OF ALLOTMENT DTD. 27/08/2008 OF IRCTC TO SRI. UTHIRAPATHY. EXT.R2.E: COPY OF THE LETTER OF ACCEPTANCE DTD. 30/09/2008 OF SRI. UTHIRAPATHY TO IRCTC. EXT.R2.F: COPY OF THE LETTER OF ALLOTMENT DTD. 27/08/2008 OF IRCTC TO PETITIONER. W.P.(C). NO.25970/2008-N: EXT.R2.G: COPY OF THE LETTER OF ACCEPTANCE DTD. 22/09/2008 OF PETITIONER TO IRCTC. EXT.R2.H: COPY OF THE LETTER OF ALLOTMENT DTD. 26/08/2008 OF IRCTC TO PETITIONER. EXT.R2.I: COPY OF THE LETTER OF ACCEPTANCE DTD. 22/09/2008 OF PETITIONER TO IRCTC. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25970 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th June, 2009. J U D G M E N T The petitioner is an aspirant for conducting a stall at Calicut Railway Station. The Railways decided to have a new policy regarding allotment of stalls. They have charted a reservation policy, whereby 3% of the stalls would be allotted to OBCs and 3% to minority category, apart from other reservations. The petitioner claims to be eligible for allotment under both the above categories. However, his claim has not been considered. He was formerly running a fruit stall at the Calicut Railway Station. As per Ext. P4 notice, the Railways have converted that existing fruit stall into a bakery stall for allotment to scheduled castes. Complaining about the same the petitioner approached this Court by filing W.P(C) No. 14040/2008. In that writ petition, I directed the 1st respondent to consider and pass appropriate orders on Ext. P5 representation in that writ petition, which is Ext. P8 representation in the writ petition in accordance with law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. The petitioner submits that when the 1st respondent refused to accept the judgment, he sent it by speed post, which was received by the 1st respondent on 15-7-2008. But, by Ext. P9, referring to a non-existent personal hearing on 14-7-2008, the 1st respondent rejected the claims of the petitioner. In addition to the contention on merits, the petitioner challenges Ext. P9 on the ground of violation of the direction in Ext. P7 judgment insofar as the petitioner had not been heard as directed in that judgment. 2. A counter affidavit has been filed on behalf of the 1st respondent, wherein they would assert that the petitioner had been heard on 14-7-2008. I am not inclined to go into that controversy insofar as the petitioner only wants an opportunity of being heard. W.P.C. No. 25970/08 -: 2 :- In the above circumstances, the writ petition is disposed of with a direction to the 1st respondent to pass fresh orders as directed in Ext. P7 judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall present himself before the 1st respondent for hearing on 25-6-2009. The 1st respondent shall hear the petitioner on that date. The petitioner shall be allowed to produce whatever documents he wants to produce in support of his case and arguments shall be heard on those documents also. Pursuant thereto, orders shall be passed on or before 13-7-2009. Sd/- S. Siri Jagan, Judge. Tds/