JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records on the file of the second respondent pertaining to the Tender Limited E.Tender No.2021/RCTC/DCS/WCB/M1/REGULAR/01, Bid opening date 20.01.2021 and quash the same consequently restore and operationalise the mobile unit catering licenses of the members of the petitioner-Association with immediate effect on same terms and conditions as prior to COVID-19 situation i.e.20.03.2020 and further permit the members of the petitioner-Association to resume catering services in the Mobile units.)

1. This Writ Petition has been filed challenging the impugned tender, which is scheduled to be opened on 20.01.2021 on the ground that the members of the petitioner-Association, who are having valid licences to operate mobile catering services in the trains belonging to the respondents will be greatly prejudiced.

2. Mr.P.T.Ramkumar, learned counsel accepts notice for the first respondent/Railways and Mr.R.Thyagarajan, learned Senior Counsel accepts notice for the second respondent. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner-Association that their members are mobile caterers for the Railways and they have been in business for the past several years. It is also the case of the petitioner-Association that the services of their members were suspended by the respondents due to the lock down imposed by the Government ever since March 2020. According to the petitioner-Association, till date, the services have not been restored, despite the fact that the other services of the Railways have been resumed. According to them, without resuming the services, which were suspended earlier by the respondents, the respondents, under the impugned tender, have called for bids from prospective bidders for catering services, which according to the petitioner, is arbitrary and illegal. In such circumstances, this Writ Petition has been filed.

4. Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for Mr.T.N.C.Kaushik, learned counsel for the petitioner, Mr.P.T.Ramkumar, learned counsel appearing for the first respondent/Railways and Mr.R.Thyagarajan, learned Senior Counsel appearing for the second respondent.

5. At the outset, Mr.R.Thyagarajan, learned Senior Counsel representing the second respondent would submit that the impugned tender pertains to special trains only and does not relate to regular trains, for whom, the petitioner-Association represents. For this submission, the learned Senior Counsel appearing for the petitioner would submit that, if that be so, there is no necessity to stop the tender, as it is not affecting the petitioner’s interest. However, he would submit that when other services of the Railways have been resumed, the respondents have adopted a discriminatory attitude by not allowing the petitioner’s services also to be resumed.

6. Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner also drew the attention of this Court to the representation dated 04.01.2021 given by the petitioner-Association to the respondents calling upon them to resume the services of the members of the petitioner-Association, which were earlier suspended on account of the lock down. He would also highlight the difficulties faced by the members of the petitioner-Association due to the non-operation of their services ever since March 2020.

7. As seen from the representation dated 04.01.2021 given by the petitioner-Association, the petitioner-Association has expressed in detail the financial difficulties faced by their members on account of the suspension of their services by the respondents due to the lock down imposed by the Government. Admittedly, till date, the said representation has not been considered by the respondents.

8. Admittedly, in view of the lock down, several business establish