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In Re: V. Nagalingam Servai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberWrit Petn. No. 648 of 1951
Judge
Reported inAIR1952Mad834; (1952)2MLJ28
ActsConstitution of India - Article 226
AppellantIn Re: V. Nagalingam Servai and ors.
Advocates:Arunachalam and Jagannadhan and Co.
DispositionApplication dismissed
Excerpt:
- .....to the petitioners as they would be thrown out of employment and deprived of the means of earning their livelihood by carrying on this business. but the learned counsel for the petitioners has not been able to establish any right in the petitioners which wecould enforce as against the state. admittedly,the railway platform must be deemed to bethe private property of the railway department of the government and the position of thepetitioners was that of bare licencees. undoubtedly, the licence is not coupled with anyinterest and can be revoked at any time andwithout any reason. it may be that the railwayauthorities intend to grant the right of vendingto a single individual. but it is not for us tocriticise the policy of the railway administration. all that we can say is that there is.....
Judgment:

Rajamannar, C.J.

1. The petitioners have been for a long number of years vending various articles on the platforms of the Madhurai junction under permission granted to them originally by the South Indian Railway Company Ltd. They were granted licences and a monthly fee was being collected from them. From the 1st April 1951 the Government have taken over the railway. On the 28th September 1951, a notice was served on the petitioners cancelling the licences issued to them with effect from 1st November 1951. This application is for the issue of directions or orders appropriate to the case regarding the cancellation of these licences.

2. It may be that this action on the part of the railway authorities is likely to cause great hardship to the petitioners as they would be thrown out of employment and deprived of the means of earning their livelihood by carrying on this business. But the learned counsel for the petitioners has not been able to establish any right in the petitioners which wecould enforce as against the State. Admittedly,the railway platform must be deemed to bethe private property of the Railway Department of the Government and the position of thepetitioners was that of bare licencees. Undoubtedly, the licence is not coupled with anyinterest and can be revoked at any time andwithout any reason. It may be that the RailwayAuthorities intend to grant the right of vendingto a single individual. But it is not for us tocriticise the policy of the railway administration. All that we can say is that there is nothingillegal in such a course. We are not convincedthat any fundamental right of the petitionershas been in any manner infringed by the actionof the Railway Authorities. The applicationis dismissed.


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