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2011 Supreme(Ker) 846

J.CHELAMESWAR, P.R.RAMACHANDRA MENON
APL (India) Pvt. Ltd. – Appellant
Versus
Chairman, Cochin Port Trust – Respondent


Appearing Advocates:
For the Appellant:E. Venkiteswaran. Senior Advocate, V.J. Mathew, Senior Advocate, Sabu P. Joseph, S. Priya & K.R. Shriram,, Advocates.
For the Respondent:R1 & R2 - A.K. Jayasankar Nambiar, Senior Advocate, P. Parameswaran Nair, Asst. Solicitor General of India, R3 & R4 - P.K. Ramkumr & Tojan Vathikulam, R5 to R12 & R15 - George Poonthottam, Advocates, R16 - P.K. Sureshkumar, Senior Advocate.

Judgment :-

1. The Judgment of the Court was delivered by P.R. Ramachandra Menon, J.-Whether the liability to pay ‘Ground Rent’ in respect of the containers unloaded in the Cochin Port, lying uncleared by the Consignees/Importers and refused to be destuffed by the Port, for inadequate storage space, can be mulcted on the owners of the Vessel/Steamer Agents beyond 75 days, in view of the Scheme of the Statute (Major Port Trusts Act, 1963-in short ‘MPT Act’) and the contents of the TAMP (Tariff Authority for Major Ports) Orders dated 10-11-1999, 19-7-2000 and 13-9-2005, is the point.

2. Altogether nine Writ Appeals have been preferred against the common judgment dated 16-9-2002 in O.P. 9730 of 2000 and five other original petitions (total six original petitions). The above original petitions were filed by concerned Shipping Agents mainly for destuffing the cargo and to release the containers; to stop appropriation of any amount towards ‘Ground Rent’ from the ‘pre-deposits’ effected by them and also to refund the excess amount appropriated. O.P. 21041 of 1999 is a similar petition (as amended) filed by another Shipping Agent; which however was omitted to be tagged along with the connec



























































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