N THANGAVEL Vs. DIRECTOR/TANDC RAILWAY BOARD

JUDGEMENT

(1.) IN all these writ petition, the petitioners challenge the enhancement of the licence fee in respect of the book stalls at various Railway Stations, in which they have been given licence for running the book stalls.

(2.) THE case of the petitioners is that they are all unemployed graduates and the book stalls are being run by them in the Railway stations on the basis of the licence, which has been granted to them. THEy have been allowed to sell daily newspapers such as THE Hindu, THE Indian Express etc., and the periodicals viz. Ananda Vikatan, Kalki, Kumudam etc., on the basis of commission upto 12% on the sold out newspapers, periodicals etc. THE petitioners have to invest their own principal capital on purchase of the newspapers, periodicals etc. THEir only source of regular income is derived from the commission offered by the newspaper agents. Apart from capital investment on the purchase of the newspapers and periodicals, the petitioners have to incur expenditure towards utilisation of electricity energy, charges towards the payment made to the delivery boys, who arrange to procure the daily newspapers and periodicals etc., from the agents and deliver the same to the petitioners and towards sundry expenses. THE impugned upward revision is totally unjust, besides exemptions have been given to the book stalls managed by the philanthropists and social organisations, which is totally a discrimination.

(3.) THE third respondent, who had impleaded himself as party in these writ petitions had filed the affidavit in support of the impleading applications which sets out the following facts:-THE third respondent is a corporation incorporated by the Government of India to take over the rights and responsibilities of Railways in respect of granting and dealing with such licensees, which are being handled by Railway administration. Specific orders have been issued by the Railway Board on 11.4.2007 for handing over the books stall licence all over the Indian Railways at A, B and C category stations to IRCTC and to defend the cases pertaining to the book stalls. THE Railway Board had issued instructions for collection of license fee at 12% of the annual sales turn over under letter dated 25.7.2006. In terms of the letter issued by the Railway Board, the licence fee in respect of all the book stalls, except the stalls run by the philanthropic and social organisations, was enhanced and the licensees were advised to pay the difference in amount in accordance with the policy decision taken to enhance the fees. THE philanthropic and social organisations are running various service projects to help poor, orphans, destitute women etc., and hence they cannot be equated with the petitioners. It is for the administration to decide about the fixation of licence fee, considering various factors that includes increase in passenger traffic, increase in the price of the material sold, besides the objective to increase the revenue of the administration and consequently the public exchequer. If the writ petitioners are not willing to pay the enhanced licence fee, they are at liberty to surrender the stalls, if they are of the opinion that the licence fee is exorbitant. Thus, the counter affidavit seeks for dismissal of the writ petitions.