THE HIGH Court has refused to grant an injunction preventing An Post from closing a post office in the south Tipperary town of Bansha.
Members of the Save Bansha Post Office Committee sought the injunction restraining An Post from closing the post office on grounds including that such action will cause hardship to sick and elderly people in the locality.
They also claimed An Post only gave one day’s notice of the closure.
In addition to seeking an injunction the committee is also seeking orders from the High Court directing An Post to engage in a proper and adequate tender procedure for a contract to operate a post office at Bansha, which is located at the foot of the Galtee mountains between Tipperary town and Cahir.
It is further seeking declarations from the court that the closure of the post office was improper, inadequate and in breach of An Post’s own procedures.
At yesterday’s sitting of the High Court Mr Justice Brian McGovern dismissed the committee’s application for an injunction. The application was made on an ex-parte (one side only) basis.
He said the court could not grant mandatory injunctions forcing An Post to keep the post office open.
In adjourning the case to next Monday the judge said that despite the inconvenience to locals, the post office may have to close temporarily at least, until An Post could come to court to answer the case.
However, the judge granted the committee permission to serve notice of the case on An Post before the matter returns before the court next week.
Moving the application, David Kennedy SC for the committee said a contract to operate the post office was advertised for tender.
However, his clients claim that An Post cut short the usual 52-day tender period to just seven days and also did not abide by proper tender procedures.
Counsel said Bansha Post Office operated from a petrol station in the town which was recently sold. Locals thought the new owners would also take over the post office.
However, a notice was posted on Tuesday by An Post to say the post office would close the following day.
In an affidavit to the court committee member Martin Quinn said a contract to operate the post office in Bansha was put up for tender in a notice displayed in the post office on August 31st last.
According to that notice the closing date for applications was some seven days later on Monday, September 5th.
He claimed that this seven-day period “amounted to a blatant breach of the tender process”.