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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
Vizhinjam Steamer Agents Association – Appellant
Versus
Union of India Rep. by Commissioner, New Delhi – Respondent
JUDGMENT :
1. The 1st petitioner is an association of local shipping agents/ steamer agents, rendering Crew change and other allied services like Bunkering, Ship handling, Ship supply, Painting, Repair, Survey, Engineering, Laundry, etc. to vessels calling at the Vizhinjam Seaport. The Vizhinjam Seaport is managed by the Kerala Maritime Board, established by the State Government under the Kerala Maritime Board Act, 2017. The 2nd petitioner is the Managing Director of M/s. Dowins Resources Pvt. Ltd. and a member of the Association of Local Steamer Agents. The petitioners are aggrieved by Ext.P3 order of the 2nd respondent, withdrawing the controlled crew change services which, according to them, were being rendered from the Inner and Outer Anchorages of Vizhinjam Port. The petitioners, therefore, seek the following reliefs:
(a) Issue a writ of certiorari or other appropriate writ, order or direction calling for Exhibits P3 and quash the same.
(b) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd and 3rd Respondent to permit crew change at the inner and outer anchorage of the Vizhinjam Port on the request of petitioners and/or option of Port autho
The withdrawal of crew change services at Vizhinjam Seaport was lawful, as it adhered to existing regulations and prioritized national security over business interests.
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
Point of Law : Issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court - just as it was not open to the e....
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