Petitioner challenged the levy of ground rent and sought destuffing of cargo. Court found the issue regarding destuffing infructuous and kept other contentions open, closing the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938
WP(C).No. 1675 of 2004 (Y)
PETITIONER(S) :
APL (INDIA) PVT. LTD., P.B.NO. 689, 24/1463, BRISTOW ROAD, W/ISLAND, KOCHI-3, REPRESENTED BY ITS GENERAL MANAGER, MR.AJAY KUMAR.K.J.
BY ADVS. SRI.V.J.MATHEW SRI.BIJISH B.TOM
RESPONDENT(S) :
1. THE CHAIRMAN, COCHIN PORT TRUST, W/ISLAND, COCHIN-9.
2. BOARD OF TRUSTEES, COCHIN PORT TRUST, W/ISLAND, COCHIN-9, REPRESENTED BY ITS CHAIRMAN.
3. THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE, W/ISLAND, COCHIN-9.
4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI.
5. A TO Z ESTATES (P) LTD., E-1/52, Y.M.C.A CHOWK, SECTOR-II, FARIDABAD, HARYANA.
6. LAXMI STEEL OVERSEAS (P) LTD., 17TH KM MACHOHALLI GATE, MAGADI MAIN ROAD, BANGALORE 560 091.
7. VIJAY SHREE EXIMS, B1/29, 1, 4TH FLOOR, MAHESH NAGAR, S.C.ROAD, GOREGAON(WEST), MUMBAI-62.
8. KANISK STEEL INDUSTRIES LTD., B 27 (M) SIPCOT INDUSTRIAL COMPLEX, GUMMLPOONDY 601 201, CHENNAI.
..2/-
..2..
WP(C).No. 1675 of 2004 (Y)
9. KERALA POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN.
R1 & R2 BY ADV. SRI.ABRAHAM JOSEPH MARKOS R3 BY ADV. SRI.JOHN VARGHESE, S.C R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, S.C R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY ADV. SRI.ABRAHAM THOMAS, CGC R9 BY ADV. SRI.M.K.CHANDRA MOHANDAS, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
P.V.ASHA, J.
W.P.(C) No.1675 of 2004
Dated this the 12th day of July, 2016
JUDGMENT
The petitioner has filed the writ petition seeking the following
reliefs:
a. For a writ of mandamus or a writ in the nature of mandamus of any other appropriate order or direction calling upon the respondents 1, 2 and 3 and/or their servants and/or its subordinates to take steps to forthwith take appropriate steps to destuff the cargo from the 4 FCL containers (Nos.NOSU 2470031, TRLU 2050477, TRLU 2256128, ICSI 4963450) of the petitioner which are lying at the Cochin Port Trust and release the empty containers to the petitioner.
b. Issue for a writ of mandamus or any other writ in the nature of prohibition or any other appropriate order for restraining the respondents 1 and 2 or their subordinates and or its agent from levying and debiting the deposit account of the petitioner or realising any amount towards ground rent or demurrage in respect of the 4FCL containers of the petitioner and exempt the petitioner from payment of such charges accumulated in respect of the said cargo/containers and also direct respondents 1 and 2 to refund such amounts illegally debited from the petitioner's deposit account.
c. For a declaration that the levy of ground rent in respect of the 4 FCL containers of the petitioner is arbitrary and is liable to be struck down under Article 14 and 19(g) of the Constitution of India.
d. Pending the hearing and final disposal of this petition the respondents 1 and 2 be restrained by an order of
W.P.(C) No.1675 of 2004
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this Honourable Court from levying ground rent charges in respect of the 4 FCL containers of the petitioner. e. Grant such other further reliefs as this Hon'ble Court deem fit and proper under the facts and circumstances of the case.
Heard learned counsel on either side. As far as the first relief is concerned, the issue has become infructuous. The contentions with reference to the relief sought under (b) and (c) would be kept open. With these observations writ petition is closed.
sd/-
P.V.ASHA
JUDGE
rkc
True copy
PA to Judge
2 issues framed by the court
Whether the writ petition regarding destuffing of cargo and levy of ground rent is maintainable.
Whether the levy of ground rent is arbitrary and violates Article 14 and 19(g) of the Constitution.
2 provisions across 1 enactments
APL (India) Pvt. Ltd.
Chairman, Cochin Port Trust
Board of Trustees, Cochin Port Trust
Commissioner of Customs (Imports)
Union of India
A to Z Estates (P) Ltd.
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
