IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 21892 of 2009(F) -------------------------- PETITIONER(S): --------------- K.P.MANHU, AGED 75 YEARS, W/O.LATE ANDROO A.P. HAJEE, MANZIL 41/2571A, NORTH RAILWAY STATION, ROAD, KOCHI-18. BY ADV. SRI.ANIL S.RAJ SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENT(S): --------------- 1. ASST.MANAGER(FIANCE), INDIAN RAILWAY CATERING & TOURISM CORPN(IRCTC), 40/8194, SALIH ARCADE, FIRST FLOOR, CONVENT ROAD, KOCHI-682 035. 2. THE REGIONAL DIRECTOR, REP.BY MANAGER (STATIC), INDIAN RAILWAY CATERING & TOURSIM CORPORATION, 61, THE RAIN TREE PLACE, N0;9, MC.NICHOLS ROAD, CHENNAI 600031. ADV. SRI.M.C.CHERIAN,SC,RAILWAY CATERING FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21892/2009 -------------------- Dated this the 10th day of August, 2009 JUDGMENT Petitioner has been a licensee of Non Vegetarian Refreshment Room situated on platform No.1 of the Ernakulam South Station. Petitioner's husband was the licensee from 1957 onwards. Apparently earlier, the licensing period used to be five years, but later it was abridged and extension was granted only for a short spell of three months. Ext.P3 shows that the last extension granted to the petitioner had also expired on 31.7.2009 and therefore, by Ext.P4 petitioner was asked not to carry on the business there. This has been challenged in the writ petition. 2. Counter affidavit has been filed by the respondents. I heard learned counsel on both sides. 3. As pointed out by the learned counsel for the respondents, petitioner has no right to continue beyond the period of licence and the Railways have now taken a W.P.(C).21892/09 2 decision to conduct a stall there. In these circumstances, I do not find fault with Ext.P4 notice. 4. Taking note of the fact that the petitioner and prior to that, her husband was conducting the Non Vegetarian Refreshment Room for more than 40 years, petitioner shall be granted permission to continue with the conduct of the Non Vegetarian Refreshment Room on platform No.1 of the Ernakulam South Station till 31.8.2009 subject to an undertaking to be given by the petitioner on or before 24.8.2009, agreeing to unconditionally surrender the premises on or before 31.8.2009. This shall be subject to the further condition that the petitioner shall clear the arrears of licence fee upto 31.8.2009 within one week from today. Writ petition is disposed of as above. V.GIRI, Judge mrcs