Arun Vyapar Udyog Pvt. Ltd, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 04.08.2021

CORAM:

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.4408 of 2012 and M.P.No.1 of 2012 W.P.No.22185 of 2012 and M.P.No.1 of 2012 W.P.No.24823 of 2012 and M.P.No.1 of 2012 W.P.No.28991 of 2011 and M.P.No.1 of 2011 W.P.No.3879 of 2012 and M.P.No.1 of 2012 W.P.No.7467 of 2012 and M.P.No.1 of 2012 WP.4408 of 2012:

ARUN VYAPAR UDYOG PVT. LTD., C-804, SHIVALAYA BUILDING, EGMORE, CHENNAI - 600 008.

REP. BY ITS DIRECTOR, MR.UMESH MADHAN ...PETITIONER VS.

1. THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI.

2. THE CHIEF COMMISSIONER OF CUSTOMS, NARMADA BLOCK, CUSTOMS HOUSE, NO.60, RAJAJI SALAI, 6TH FLOOR, CHENNAI - 600 001.

3. THE CHAIRMAN, CHENNAI PORT TRUST, CHENNAI.

4. THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING AND SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI.

5. THE CHENNAI INTERNATIONAL TERMINAL (P) LTD., CHENNAI PORT, CHENNAI - 1.

6. CHENNAI CONTAINER TERMINAL LTD., CHENNAI PORT, CHENNAI - 600 001.

7. THE COMMISSIONER OF POLICE, EGMORE, CHENNAI - 600 008.

8. SEA HAWK LINES PVT. LTD., HAWK TOWERS, NO.123/60, LINGHI CHETTY STREET, CHENNAI - 600 0001.

REP. BY ITS MANAGER

9. THE PAN ASIA LOGISTICS (INDIA) PVT. LTD., NO.46 & 48, ENRLICH LAB BUILDING, 2ND FLOOR, MASILAMANI ROAD, BALAJI NAGAR, ROYAPETTAH, CHENNAI - 600 014.

REP. BY ITS MANAGER.

10. MAESRK LINES PVT. LTD., C/O.KAMAKSHEE ENTERPRISES, 700 MOUNT ROAD, MALLIS BUILDING, 3RD FLOOR, CHENNAI - 600 006. REP. BY ITS MANAGER.

11. EVERGREEN SHIPPING AGENCY (INDIA) PVT. LTD., SECOND FLOOR, CENTURY CENTRE, NO.75, T.T.K.ROAD, ALWARPET, CHENNAI - 600 018.

REP. BY ITS MANAGER.

12. CMA CGM AGENCIES INDIA PVT. LTD., NO.52, OLD NO.118, DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI - 600 004.

REP. BY ITS MANAGER.

13. PERMA SHIPPING LINES PVT. LTD., NO.59, MARINE MANOR II FLOOR, RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI - 600 004.

REP. BY ITS MANAGER.

14. MITSUI O.S.K. LINES (INDIA) PVT. LTD., C/O.NAVEENS PRESIDIUM, B-7, WING-B, 7TH FLOOR, NO.103, NELSON MANICKAM ROAD, (NEXT TO AMPA MALL) AMINJIKARAI, CHENNAI - 600 029.

REP. BY ITS MANAGER.

15. ECONSHIP MARINE PVT. LTD., 12/1, SECOND LINE BEACH MUTHIALPET, 2ND FLOOR, R.NO.2G, GEORGE TOWN, CHENNAI.

REP. BY MANAGER.

...RESPONDENTS

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 to ensure implementation of Public Notice No.45 of 2007 dated 30.03.2007 and subsequently forbear the respondents from levying any charges or fees relatable to the failure to implement the said Public Notice.

For Petitioner : Mr.M.Aravind Subramaniam For Respondents : Mr.V.Sundareswaran SCGSC for R1 and R2 : Mr.S.Haja Mohideen Gisthi for R3 : No appearance for R4, R8, R13 & R14 : Mr.S.Murugappan for R9 : Mr.S.Raghunathan for R6 : Mr.V.Veluchamy, Govt. Advocate for R7 : Dr.Sunitha Sundar for R10 & 12 : Mrs.Anitha Thomas for M/s.V.J.Mathew & Co. for R11 : Mr.P.Giridharan for Mr.V.Aravamudan for R15 : M/s.Shivakumar and Suresh for R5 WP.22185 OF 2012:

1 P.C.S.APEX, NO.112/4, KATCHERY ROAD, VIRUDHUNAGAR 626 001 [INDIA], REP.BY ITS PROPRIETRIX, G.LATHA. ...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-1 REP. BY ITS MANAGER.

4 THE CHENNAI INTERNATIONAL TERMINAL (P) LTD. CHENNAI PORT, CHENNAI-1 REP. 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 6TH FLOOR, RAJAJI SALAI, CHENNAI-1.

7 THE COMMISSIONER OF POLICE, EGMORE, CHENNAI-8.

8 OASIS SHIPPING PVT. LTD.

(CHENNAI) OLD NO.31 & 32 NEW NO.62 7TH FLOOR, K.G.N. TOWERS, COMMANDER-IN-CHIEF ROAD, EGMORE, CHENNAI-105, REP. BY ITS MANAGER.

9 MAXICON CONTAINER LINE, MAXICON SHIPPING AGENCIES, OLD NO.127 NEW NO.261 , ROHIT TOWERS , 3RD FLOOR ANGAPPA NAICKEN STREET, CHENNAI-1 REP. BY ITS MANAGER.

10 SEA HORSE SHIP AGENCIES PVT.LTD., NEW NO.7, OLD NO.4, KRISHNAN KOIL STREET CHENNAI-1, REP. BY ITS MANAGER.

11 CMA CGM AGENCIES INDIA PVT. LTD., NO.52 OLD NO.118, DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI-4 REP. BY ITS MANAGER.

12 S.V.FREIGHT FORWARDERS, OLD NO.45, NEW NO.89 , THAMBU CHETTY STREET, CHENNAI-1 REP. BY ITS MANAGER.

13 AISSA MARITIME PVT. LTD.

NO.319/154 THAMBU CHETTY STREET PARRYS CHENNAI-1 REP. BY ITS MANAGER. ...RESPONDENTS Prayer: Petition filed under article 226 of Constitution of India, praying for issuance of 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 forbear 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 : Mr.Aravind Subramaniam For Respondents : Mr.V.Sundareswaran SCGSC for R.1 Mr.S.Haja Mohideen Gisthi for R.2

Mr.Shivakumar and Suresh for R.3 and 4.

Mr.S.Xavier Felix SCGSC for R.5 and 6.

Mr.V.Veluchamy Govt.Advocate for R.7 No Appearance - R.8 Mr.P.Giridharan for Mr.V.Aravaudan for R.9 and 10 Dr.Sunitha Sundar for R.11 Mr.S.Raghunathan for R.12 Mrs.Poornam for R.13 WP.24823 OF 2012:

1 M/S.HIRA TRADERS, 62/1,THA THAMUTHIAPPAN STREET, CHENNAI 600 001.

REP. BY ITS PARTNER, MR.FIROZ YUNUS ...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-1, REP. BY ITS MANAGER.

4 THE CHENNAI INTERNATIONAL TERMINAL (P) LTD., CHENNAI PORT, CHENNAI-1 REP. 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-1.

7 THE COMMISSIONER OF POLICE EGMORE, CHENNAI-8.

8 OASIS SHIPPING PVT. LTD (CHENNAI), 7TH FLOOR, K.G.N.TOWERS, OLD NO.31 & 32, NEW NO.62, COMMANDER IN CHIEF ROAD, EGMORE, CHENNAI-105, REP. BY ITS MANAGER.

9 GATI COAST TO COAST, LAXMI TOWERS, II FLOOR 27/5 92 DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI-4, REP. BY ITS MANAGER.

10 CMA CGM AGENCIES INDIA P. LTD, TRANSWORLD HOUSE, NO.2 9TH LANE DR.R.K.SALAI, MYLAPORE, CHENNAI-4, REP. BY ITS MANAGER.

11 HYUNDAI MERCHANT MARINE INDIA PVT. LTD EGA TRADE CENTRE, 3RD FLOOR DOOR NO.318(OLD NO.809) POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI-10.

REP. BY ITS MANAGER.

12 PAREKH MARINE AGENCIES PVT. LTD KRD GEE GEE CRYSTAL, 6TH FLOOR NO. 91/92 DR.RADHAKRISHNAN SALAI, CHENNAI-4 REP. BY ITS MANAGER.

13 MAXICON CONTAINER LINE MAXICON SHIPPIN AGENCIES, ROHIT TOWERS, 3RD FLOOR NEW NO.261 (OLD NO.127), ANGAPPA NAICKEN STREET, CHENNAI-1 REP. BY ITS MANAGER. ...RESPONDENTS Prayer:Petition filed under article 226 of Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 to ensure implementation of Public Notice No.45/2007 dated 30.3.2007 in F.No.S.Misc.114/2004-Appg.Docks and subsequently forbear the respondents from levying any charges or fees relatable to the failure to impelement the said Public Notice and also for refund of the amounts collected by the respondents 8 to 13 as of date.

For Petitioner :

Mr.M.Aravind Subramaniam For Respondents :

Mr.S.Haja Mohideen Gisthi SCGSC for R.1 and 2.

Mr.S.Raghunathan for R.3 Mr.Shivakumar and Suresh for R.4 Mr.V.Sundareswaran for R.5 and 6 Mr.V.Veluchamy for R.7 Mr.J.Ravikumar for R.9 Dr.Sunitha Sundar for R.10 and 12 Mr.P.Giridharan for Mr.V.Aravamudan for R.11 and 13 No Appearance - R.8

WP. 28991 OF 2011:

SHAKAMBRI TRADERS, NO.5A AND B, KILPAUK GARDEN ROAD, 1ST STREET, KILPAUK, CHENNAI 10. ...PETITIONER -VsTHE SECRETARY TO GOVERNMENT MINISTRY OF FINANCE, NEW DELHI.

THE CHIEF COMMISSIONER OF CUSTOMS, NARMADA BLOCK, CUSTOMS HOUSE, NO.60, RAJAJI SALAI, 6TH FLOOR, CHENNAI 1 THE CHAIRMAN, CHENNAI PORT TRUST, CHENNAI.

4 THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING AND SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI.

THE PAN ASIA LOGISTICS (INDIA) PVT LTD., 46 & 48, EHRLICH LAB BUILDING, BALAJI NAGAR, ROYAPETTAH, CHENNAI 14.

THE CHENNAI INTERNATIONAL TERMINAL[P] LTD., CHENNAI PORT, CHENNAI 1 CHENNAI CONTAINER TERMINAL LTD., CHENNAI PORT, CHENNAI 1.

THE COMMISSIONER OF POLICE, EGMORE, CHENNAI.

...RESPONDENTS Prayer: Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 to ensure implementation of Public Notice No. 45/2007 dated 30.03.2007 F.No.smisc.114/2004 APPG DOCKS and subsequently forebear the respondents from levying any charges or fees relatable to the failure to implement the said Public Notice.

For Petitioner :

Mr.M.Aravind Subramaniam For Respondents :

Mr.V.Sundareswaran SCGSC for R.1,2 and 4 Mr.S.Haja Mohideen Gisthi for R.3 Mr.S.Murugappan for R.5

Mr.s.Raghunathan for R.6 and 7 Mr.v.Veluchamy, Govt.Advocate R.8 WP. 3879 OF 2012:

1 M/S.TULSYAN NEC LIMITED.

APEX PLAZA, FIRST FLOOR, 3, NUNGAMBAKKAM HIGH ROAD, CHENNAI 600 034.

REP. BY ITS DIRECTOR, SANJAY AGARWALLA. ...PETITIONER Vs 1 THE SECRETARY TO GOVERNMENT MINISTRY OF FINANCE, NEW DELHI.

2 THE CHIEF COMMISSIONER OF CUSTOMS, NARMADA BLOCK, CUSTOMS HOUSE, NO.60 RAJAJI SALAI, 6TH FLOOR, CHENNAI 1 3 THE CHAIRMAN, CHENNAI PORT TRUST, CHENNAI.

4 THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING AND SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI.

5 THE CHENNAI INTERNATIONAL TERMINAL (P) LTD., REP. BY ITS MANAGER.

CHENNAI PORT, CHENNAI 1.

6 CHENNAI CONTAINER THERMINAL LTD.

REP. BY ITS MANAGER, CHENNAI PORT, CHENNAI 1.

7 THE COMMISSIONER OF POLICE, EGMORE, CHENNAI 8 8 THE PAN ASIA LOGISTICS (INDIA) PVT.LTD., REP. BY ITS MANAGER, NO.46 AND 48 EHRLICH LAB BUILDING, 2ND FLOOR, MASILAMANI ROAD, BALAJI NAGAR, ROYAPETTAH, CHENNAI 14

9 CMA CGM AGENCIES INDIA PVT.LTD., REP. BY ITS MANAGER, NO. 52 OLD NO. 118, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI 4 10 EVERGREEN SHIPPING AGENCY (INDIA) PVT.LTD., REP. BY ITS MANAGER, SECOND FLOOR, CENTURY CENTRE, NO.75, T.T.K. ROAD, ALWARPET, CHENNAI 18.

11 ECONSHIP MARINE PVT.LTD., REP. BY ITS MANAGER, 12/1 SECOND LINE BEACH MUTHIALPET, 2ND FLOOR R.NO.2G GEORGE TOWN, CHENNAI.

12 MAXICON SHIPPING AGENCIES REP. BY ITS MANAGER, ROHIT TOWERS, THIRD FLOOR, NEW NO.261, OLD NO.127, ANGAPPA NAICKAN STREET, CHENNAI 1. 13 MGR CONTAINER LINE INDIA REP. BY ITS MANAGER, PVT.LTD., NEW NO.336, OLD NO. 166, SECOND FLOOR, THAMBU CHETTY ST, CHENNAI 1 14 CSAV NORASIA CONTAINER LINES LTD., REP. BY ITS MANAGER, C/O.CSAV GROUP AGENCIES (INDIA) PVT.LTD. UNIT 3C, THIRD FLOOR, HEAVITREE NO.47, SPUR TANK ROAD, CHETPET, CHENNAI 31. 15 MAERSK LINE INDIA PVT.LTD.

REP. BY ITS MANAGER, EMPIRE INDUSTRIES COMPLEX, 414 SENAPATI BAPAT MARG LOWER PAREL, MUMBAI 400 013.

...RESPONDENTS Prayer: Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 to ensure implementation of Public Notice No. 45/2007 dt 30.3.2007 and subsequently forebear the respondents from levying any charges or fees relatable to the failure to implement the said Public Notice.

For Petitioner :

Mr.M.Aravind Subramaniam For Respondents :

Mr.V.Sundareswaran SCGSC for R.1 & 2.

Mr.S.Haja Mohideen Gisthi for R.3 No appearance for R.4 and 14 M/s.Shivakumar and Suresh for R.5

Mr.S.Raghunathan for R.6 Mr.V.Veluchamy Govt.Advocate for R.7 Mr.S.Murugappan for R.8 Dr.Sunitha Sundar for R.9 and 15.

M/s.Anitha Thomas for Mr.V.J.Mathew for R.10 Mr.P.Giridharan for Mr.V.Aravamudan for R.11 and R.12 Mr.M.Ayyadurai for R.13 WP.7467 OF 2012:

1 JINDAL ALUMINIUM LTD.

JINDAL NAGAR, TUMKUR ROAD, BANGALORE 560 073.

REP. BY ITS EXECUTIVE DIRECTOR, MR.BAJRANG DASS GARG. ...PETITIONER Vs 1 THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI.

2 THE CHIEF COMMISSIONER OF CUSTOMS, NARMADA BLOCK, CUSTOMS HOUSE NO.60 RAJAJI SALAI, 6TH FLOOR, CHENNAI 1.

3 THE CHAIRMAN, CHENNAI PORT TRUST, CHENNAI.

4 THE SECRETARY TO GOVERNMENT, MINISTRY OF SHIPPING AND SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI.

5 THE CHENNAI INTERNATIONAL TERMINAL (P) LTD., CHENNAI PORT, CHENNAI 1.

REP BY ITS MANAGER 6 CHENNAI CONTAINER TERMINAL LTD., CHENNAI PORT, CHENNAI 1.

REP BY ITS MANAGER.

7 THE COMMISSIONER OF POLICE, EGMORE, CHENNAI 8.

8 MITSUI O.S.K.LINES (INDIA)PVT.LTD., C/O.NAVEENS PRESIDIUM, B-7 WING B 7TH FLOOR , NO.103, NELSON MANICKAM ROAD, (NEXT TO AMPA MALL), AMINJIKARAI, CHE 29 REP. BY ITS MANAGER

9 CMA CGM AGENCIES INDIA PVT.LTD., NO.52, OLD NO.118, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI 4 REP. BY ITS MANAGER.

10 STX PAN OCEAN, LOGISTIC SERVICES PVT.LTD., KRD GEE GEE CRYSTAL, 6TH FLOOR CENTURY CENTRE NO.91/92 DR. RADHAKRISHNAN SALAI, CHENNAI 4 REP. BY ITS MANAGER.

11 EVERGREEN SHIPPING AGENCY (INDIA) PVT.LTD., SECOND FLOOR, CENTURY CENTRE NO.75, T.T.K. ROAD, ALWARPET, CHENNAI 18 REP. BY ITS MANAGER 12 HANJIN SHIPPING INDIA PVT.LTD., NO. 34 AND B, ELDORADO BUILDING 112, NUNGAMBAKKAM HIGH ROAD, NUNGAMBAKKAM, CHENNAI 1.

REP. BY ITS MANAGER 13 SEA HORSE SHIP AGENCIES PVT.LTD., NO.7, KRISHNAN KOIL ST, CHENNAI 1.

...RESPONDENTS Prayer: Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 to ensure implementation of Public Notice No. 45/2007 dt 30.3.2007 and subsequently forbear the respondents from levying any charges or fees relatable to the failure to implement the said Public Notice.

For Petitioner :

Mr.M.Aravind Subramaniam For Respondents :

Mr.v.Sundareswaran SCGSC for R.1 &2.

Mr.S.Haja Mohideen Gisthi for R.3 No Appearance for R.4 M/s.Shivakumar and Suresh for R.5 Mr.S.Raghunathan for R.6 Mr.V.Veluchamy Govt.Advocate for R.7 Mr.P.Giridharan for Mr.V.Aravamudan for R.8, 12 and 13.

Dr.Sunitha Sundar for R.9 Mr.R.Sivakumar for R.10 M/s.Anitha Thomas for Mr.V.J.Mathew for R.11.

COMMON ORDER The relief sought for in these writ petitions is to direct the respondents to ensure implementation of Public Notice No.45 of 2017 dated 30.03.2007.

2. It is needless to state that Act, rules and guidelines or instructions pursuant to the Statutes and Rules are to be followed by the executives scrupulously. A writ filed seeking implementation of certain instructions become unnecessary as the non-implementation if raised as a ground, then alone the cause would arise for the purpose of adjudication of issues. Implementation of a Statute, Rules or Guidelines may arise only in the event of violation of the provisions of the Statutes, Rules or the Guidelines issued by the authorities in exercise of the powers under the Statute or such Rules. This being the basic principles to be followed, the authorities competent are bound to follow the provisions of law as well as the consequential guidelines issued. However, the relief, as such, sought for in these writ petitions deserve no adjudication on account of efflux of time.

3. Further, it is brought to the notice of this Court that several developments occurred during the pendency of these writ petitions and if at all any grievance exist with reference to any particular issue, it is left open to the parties to approach the competent authorities in the manner known to law.

4. With these observations, all these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Sgl To

1. The Secretary to Government, Ministry of Finance, New Delhi.

2. The Chief Commissioner of Customs, Narmada Block, Customs House, No.60, Rajaji Salai, 6th Floor, Chennai - 600 001.

3. The Chairman, Chennai Port Trust, Chennai.

4. The Secretary to Government, Ministry of Shipping and Surface Transport, Government of India, New Delhi.

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

+4 Ccs to Dr.R.Sunitha Sundar, Advocate, Sr.No. 38622. +5 CCS to Mr.S.Raghunathan, Advocate, Sr.No. 38523, 38524, 38525, 38526, 38527 +1 CC to Mr.V.Sundareswaran, Advocate, Sr.No. 38293. +6 Ccs to Mr.M.Aravind Subramaniam, Advocate, Sr.No. 38300, 38301, 38302, 38304, 38305, 38306.

W.P.No.4408 of 2012 etc. batch GPL(CO) LS(22/09/2021)