This Writ Petition is filed by a licensee operating a coffee shop at the Kerala State Co-operative Consumer's Federation Ltd. The license was awarded to the petitioner by a contract. According to the petitioner, the validity of the period of contract is not over and she is threatened with termination and eviction from the premises. Aggrieved, the petitioner approached this Court.
2. Learned Standing Counsel for the respondents submits that validity of the contract is over by 30.09.2014 and the petitioner herself has given a letter in writing that she will surrender and she does not want to continue in the premises. However, learned counsel for the petitioner disputed this fact, when this was pointed out by the learned Standing Counsel when the case was posted on 30.09.2014. Accordingly, parties were directed to appear before this Court. Petitioner personally present before this Court and the Regional Manager of the Consumer Federation is also present before this Court.
3. Now the stand of the petitioner is that she has been threatened to execute such letter by the officials of respondents.
W.P(C).No.25260 of 2014 2 However, the petitioner admits execution of such letter. I am not considering the veracity of this issue at this stage as this Writ Petition to be decided on the premise that whether the petitioner is entitled to continue to operate the coffee shop at the premises.
The rights referable to the parties are under the contract. Contract prescribes certain rights, this Court cannot by invoking Article 226 of the Constitution substitute the terms of the contract. The respondents submit that period of the contract is over and petitioner has no right to operate the coffee shop after 30.09.2014. The petitioner has a case that period of lease is not over. I am of the view such plea is not entertainable to be decided invoking public remedy. The petitioner has liberty to approach Civil court to redress her grievance as dispute purely in private domain. The apprehension of the petitioner is that the respondents by terminating the contract with the petitioner and evicting the petitioner, have intended to put another person for operating the coffee shop. No doubt, the respondents being a public sector undertaking can award the contract only in accordance with the procedure established for awarding contract, that means, they can W.P(C).No.25260 of 2014 3 do only after necessary publication and issuing notice inviting fresh tenders to award the contract.
Thus the Writ Petition is disposed of with liberty to the petitioner to approach Civil court.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/07/10/14