JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records relating to the impugned Tender Notification issued by the second respondent vide S. No. 16, Tender No. COMML-22016-MMPS-16-JTJ, Jollarpettai Station, Location PF.2/3 Dated 08.06.2022, quash the same and further direction directing the respondent to renewal the license to run the Milk Stall at Jollarpettai Railway Station, Location PF.2/3.

1. This writ petition has been filed challenging the impugned tender notification dated 08.06.2022. Under the impugned tender notification, an Aavin Parlour at Jollarpettai Railway Station has been auctioned for lease. The said parlour was earlier taken on lease from the respondents by the petitioner for a period of five years. Due to COVID-19 lockdown imposed by the Government, the period of lease was also extended for a particular period by the respondents. The petitioner has submitted an application, seeking for renewal of lease on its expiry. The said application has been rejected by the orders of the respondents. Aggrieved by the same, the petitioner has filed a writ petition and has obtained an order of stay of the rejection order. In the meanwhile, the respondents have issued the impugned tender notification. The petitioner has challenged the same on the ground that even though the petitioner has sought for extension of lease, the respondents have issued the impugned tender notification. The petitioner claims that she is a promoter and representative of Sri Ganapathy Women's Self Help Group. According to the petitioner, she is entirely depending on the income of the Aavin Parlour which is now running at Jollarpettai Railway Station. According to the petitioner, since the rejection order passed by the respondents rejecting the request made by the petitioner for renewal of licence has been stayed by the order of this Court in WMP No. 13175 of 2022 in WP No. 13911 of 2022 dated 03.06.2022, the question of auctioning the very same shop will not arise. According to the petitioner, the auction to be conducted under the impugned notification is arbitrary and illegal.

2. Heard Mr. R. Govindasamy, learned counsel for the petitioner and Mr. Prasad Vijayakumar, learned Standing Counsel for the respondents 1 to 3.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4. Learned counsel for the petitioner drew the attention of this Court to various documents filed along with this writ petition, in particular, the letter dated 02.08.2021 sent by Vellore Thiruvannamalai District Co-operative Milk Production Union Ltd addressed to the Senior Divisional Commercial Manager, Southern Railways. According to the petitioner, the Vellore District Co-operative Milk Production Union Limited represented her interest with regard to the renewal of Aavin Parlour at Jolarpettai Railway Station.

5. Learned counsel for the petitioner submits that even as early as on 02.08.2021, a request was made through Vellore District Co-operative Milk Production Union Limited, seeking for renewal of the lease. Therefore, according to the learned counsel for the petitioner, even before the six months period before the expiry of the lease, the petitioner had requested for renewal of the lease with the respondents.

6. Learned counsel for the petitioner also drew the attention of this Court to the letter dated 18.02.2022 sent by the petitioner to the fourth respondent requesting for renewal of the lease for a further period. He also drew the attention of this Court to the rejection order dated 18.05.2022 passed by the second respondent rejecting the petitioner's representation, seeking for renewal of the lease on the ground that the petitioner has not submitted the renewal application six months prior to the expiry of the lease. Learned counsel also drew the attention of this Court to the interim order granted by