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Madras High CourtWP/28325/2012disposed of

Vishnu International v. The Secretary To Government

2019-07-15Honourable Mr Justice M.S. Ramesh5 pages

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 2nd Lane, Room No.3, 2nd 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, 6th Floor, Chennai - 600 001.

7.The Commissioner of Police, Egmore, Chennai - 600 008.

8.Oasis Shipping Pvt. Ltd., 7th Floor, K.G.N.Towers, Old No.31 & 32, New No.62, Commander-In-Chief Road, Egmore,Chennai - 600 105.

Represented by its Manager 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.

2. In matters of this kind, whenever there is a grievance that the respondents are not adhering to standing circulars or notices, the remedy available to the petitioner would be to address the appropriate authorities seeking for compliance of such circulars or notices and without making a representation of that nature, a writ of mandamus will not lie. It is also seen that the public notice was issued way back in the year 2007 and twelve years have lapsed since then.

3. At this juncture, this Court will not be justified in directing the respondents to implement the public notice. Nevertheless, if the petitioner's grievance still subsists, it would be open to them to make an appropriate application before the concerned authorities ventilating their grievances. On receipt of any such representation, the competent authority shall deal with the same and pass appropriate orders, as expeditiously as possible.

4. With this liberty, no further orders are required in the present writ petition. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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, 6th Floor, Chennai - 600 001.

7.The Commissioner of Police, Egmore, Chennai - 600 008.

+1cc to Mr.T.Pramod Kumar Chopra, Advocate sr.60814 +1cc to Mr.S.Raghunathan, Advocate sr.59641 +1cc to Mr.M.Aravind Subramaniam, Advocate sr.59907 +1cc to Mrs.T.Poornam, Advocate sr.59642 +1cc to Government Pleader sr.60689 W.P.No.28325 of 2012 and M.P.No.1 of 2012 ad(co) nr 03/09/2019