V ESSAKKIAMMAL Vs. SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY DIVISIONAL OFFICE COMMERCIAL

JUDGEMENT

(1.) THIS Writ petition is focussed to get issued a Writ of Mandamus directing the first respondent to allot an extent of 1352 sq. mts, space abutting the existing cycle stand at Tirunelveli Junction Railway Station, Tirunelvei, by implementing the proceedings of the first respondent dated 02. 08. 2005 passed in Ref. No. U/c 300/cs/ten/05. The subsequent prayer in the Supplementary affidavit is for issuing suitable directions to the respondents to cancel the allotment and refund the amount remitted by the petitioner with interest.

(2.) THE facts giving rise to the filing of this petition as stood exposited from the whole kit and caboodle of facts available in the records would run thus:

(3.) THE petitioner also filed the supplementary affidavit with the averments as under: the petitioner deposited a sum of Rs. 7 lakhs as advance and every year, she undertook to pay a sum of Rs. 7 lakhs as lease amount. The respondents have not demarcated the area of 1352 Sq. Mts and she was constrained to occupy 257 Sq. Mts which was earlier used as cycle stand by the previous licensee. Because of the non co-operative attitude of the Railway authority, she was constrained to close it. The Railway Protection Force on 30. 10. 2005 drove her employees from the place concerned and closed the two wheeler stand. Such high-handed activities were resorted during the pendency of the writ petition. Because of their non performance of their contract, she was constrained to close the business and made to incur heavy loss. In fact, during the pendency of the writ petition, the Railway officials got signatures from the petitioner in some papers. Accordingly, in the supplementary affidavit, she prayed for cancellation of the allotment and refund of the amount deposited by her with interest.