Madras High CourtWP(MD)/1413/2019withdrawn dismissed

Psa Sical Terminals Ltd., v. Union Of India, Rep. By Its

2019-03-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1413 of 2019 and W.M.P(MD).Nos.1203, 1204 and 1205 of 2019 PSA Sical Terminals Limited, Having its registered office at:

South India House, 36-40, Armenian Street, Chennai-600001 rep., by its Authorised Signatory Mr.Suresh Narayana Amirapu ... Petitioner Vs 1.Union of India, rep., by its Secretary, Ministry of Shipping, Road Transport and Highways, Department of Shipping, Port Department, Transport Bhawan No.1, Parliament Street, New Delhi-110001.

2.The Board of Trustees of -V.O.Chidambaranar Port Trust, rep., by its Chairman, Having its office at Administrative Building, Tuticorin Port Trust, Tuticorin-628004.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent not to give any discriminatory/preferential treatment to any other party operating any other berth in the same Port and by permitting the said private party to use Berth No.IX, also directing the second respondent herein to carry out dredging operations in Birth No.VII (Seven) so as to deepen the draft/draught to 14.2 meters as well as arrange to carry out any extension or new piling necessary to achieve this deepening and to forbear the second respondent from taking any action against the petitioner for not complying with the payment of Minimum Traffic Guarantee till all remedial measures as per the petitioner's representation dated 08.01.2019 are carried out by the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.AR.L.Sunderashan Senior Counsel for Mr.Gaurav Chatterjee

For R1 : Mr.S.Ponsenthil Kumaran Central Government counsel For R2 : Mr.Yashodvardhan Senior Counsel for Mr.S.Yashwanth

ORDER

The learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file a fresh writ petition on the same cause of action, if needed and he has also made an endorsement to that effect.

2.With the aforesaid liberty, the Writ Petition is dismissed as withdrawn . No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Secretary, Union of India, Ministry of Shipping, Road Transport and Highways, Department of Shipping, Port Department, Transport Bhawan No.1, Parliament Street, New Delhi-110001.

+1cc to Mr.S.Ponsenthil Kumaran, Advocate, SR.No.56517 +1cc to Mr.V.R.Shanmuganathan, Advocate, SR.No.56665 +1cc to M/S.Gaurav Chatterjee,Advocate, SR.No.56251 W.P.(MD)No.1413 of 2019 25.03.2019 SP/26.03.2019/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/