Tuticorin Ship Agents Assn., v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.(MD) No.1 of 2015 and W.M.P.(MD) No.801 of 2016 Tuticorin Ship Agents Association, Rep. through its Secretary, L.Anand Morais, S/o.L.T.Morais, No.50, Beach Road, Thoothukudi - 628 001.

... Petitioner -vs1.The Chairman, VOC Port Trust, Thoothukudi..

2.The Terminal Manager, M/s. PSA SICAL Terminal Ltd., Berth No.7, VOC Port, Thoothukudi - 628 004.

3.M/s. PSA SICAL Terminals Ltd., Regusciti Centre Level 6, Chennai City Centre, 10/11, Dr. Radhakrishnan Salai, Chennai - 600 004.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondents from restricting the movement of the empty containers through the 7th berth of VOC Port, Thoothukudi.

For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.VR.Shanmuganathan Standing Counsel for R1 Mr.T.Selvakumar for R2 and R3

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Under the guise of Public Interest Litigation, this Writ Petition has been filed to forbear the respondents from restricting the movement of the empty containers through the 7th berth of VOC Port, Thoothukudi.

2. The relief as prayed for by the petitioner is only in respect of a dispute between the first respondent, second & third respondents and the petitioner association.

3. Since there is no public interest involved, we are not inclined to entertain the Writ Petition in the light of the decisions of the Hon'ble Supreme Court in Guruvayoor Devaswom Managing Committee and another vs. C.K.Rajan and others, reported in 2003 (7) SCC 546 and Balco Employees' Union (Regd) vs. Union of India and others reported in 2002 (2) SCC 333.

4. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K., J.] [M.S.K., J.] 10.01.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and MUMMINENI SUDHEER KUMAR, J.

SJ 10.01.2024