This court disposed of a writ petition challenging failure to implement a 2007 public notice regarding port charges. It held that without first seeking compliance from appropriate authorities, a writ does not lie for long-lapsed grievances and directed the petitioner to approach relevant authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 15.07.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
W.P.No.28325 of 2012
and
M.P.No.1 of 2012
Vishnu International
No.2/11, Acharappan 2 nd Lane,
Room No.3, 2 nd Floor,
Chennai – 600 001.
Represented by its Manager
Mr.K.V.Sandeepkumar ... Petitioner
Vs
1.The Secretary to Government,
Ministry of Shipping and
Surface Transport,
Government of India,
New Delhi.
2.The Chairman,
Chennai Port Trust, Chennai.
3.Chennai Container Terminal Ltd,
Chennai Port, Chennai.
Represented by its Manager
4.The Chennai International
Terminal (P) Ltd.,
Chennai Port, Chennai – 1.
Represented by its Manager
5.The Secretary to Government,
Ministry of Finance,
New Delhi.
6.The Chief Commissioner of Customs,
Narmada Block, Customs House,
No.60, Rajaji Salai,
6 th Floor, Chennai – 600 001.
9.Aissa Maritime Pvt Ltd, No.319/154, Thambu Chetty Street, Parry's, Chennai – 600 001. 16, Samudera Shipping Line (I) Pvt. Ltd, 57/3, Armenian Street, Chennai – 600 001. Represented by its Manager
10.Samudera Shipping Line (I) Pvt Ltd,
57/3, Armenian Street, Chennai – 600 001. Represented by its Manager
11.BOXCO, (A Division of Chunilan & Co.) J.M.Baxi Group Enterprise,
4 & 4a, Rajaji Salai, Clive Battery Complex, Chennai – 600 001. Represented by its Manager
12.MGR Container Line India Pvt Ltd, New No.336, Old No.166, 2nd Floor, Thambu Chetty Street, Opposite High Court, Chennai – 600 001. Represented by its Manager ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents 2 to 4 to ensure implementation of Public Notice No.45/2007 dated 30.03.2007 and subsequently forebear the Respondents from levying any charges or fees relatable to the failure to implement the said Public Notice and also for refund of the amounts collected by the Respondents 8 to 13 as of date.
For Petitioner : Ms.Sriprada Prabhakar for
Mr.M.Aravind Subramaniam
For Respondents: Mr.J.Madhanagopal Rao, SCGSC
for R1 & R5 Mr.T.Pramod Kumar Chopra, SPC for R6 Mr.A.Zakir Hussain, GA for R7
Mr.R.Karthikeyan for R2 Mr.S.Raghunathan for R3 Mrs.T.Poornam for R9 & R11 Mr.M.Ayyadurai for R12
No appearance for R4, R8 & R10
O R D E R
The grievance of the petitioner as reflected in the affidavit filed in support of the writ petition is that, the respondents have not adhered to the public notice No.45/07, discontinuing direct delivery of FCL Containers from Container Yard of M/s.CCTL etc. In this connection, they have sought for an issuance of writ of mandamus.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
hvk
To
1.The Secretary,
Government of India,
Ministry of Shipping and Surface Transport,
New Delhi.
2.The Chairman,
Chennai Port Trust, Chennai.
3.The Manager,
Chennai Container Terminal Ltd,
Chennai Port, Chennai.
4.The Manager,
The Chennai International Terminal (P) Ltd.,
Chennai Port, Chennai – 1.
5.The Secretary,
Government of India,
Ministry of Finance, New Delhi.
6.The Chief Commissioner of Customs,
Narmada Block, Customs House,
No.60, Rajaji Salai,
6 th Floor, Chennai – 600 001.
+1cc to Mr.T.Pramod Kumar Chopra, Advocate sr.60814
+1cc to Mr.S.Raghunathan, Advocate sr.59641
+1cc to Mrs.T.Poornam, Advocate sr.59642
W.P.No.28325 of 2012
and
M.P.No.1 of 2012
ad(co)
nr 03/09/2019
2 issues framed by the court
Whether a writ of mandamus lies without first approaching the appropriate authorities for compliance of a public notice issued in 2007.
Whether the Court can direct the respondents to implement a public notice that remains unimplemented for twelve years.
1 provisions across 1 enactments
Vishnu International
Secretary to Government, Ministry of Shipping and Surface Transport
Chairman, Chennai Port Trust
Chennai Container Terminal Ltd
Chennai International Terminal (P) Ltd.
Secretary to Government, Ministry of Finance
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
