JUDGMENT :

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the Letter/Demand Notice dated 23.06.2011 on the file of the second respondent herein and quash the same.

1. The lis on hand has been instituted questioning the validity of the demand notice dated 23.06.2011 issued by Chennai Port Trust to remit the outstanding amount of Rs.44,35,33,691/- within 21 days from the date of receipt of the final demand notice.

2. In nutshell, the Vessel M.V. SAN GIORGIO sailed from the Port of West Africa with Cargo 12,800 Cbm of Timber developed sickness. Owner of Vessel failed to attend. M/s. Olam International Limited, owner of the Cargo towed her to Chennai. On the application moved by Bank of Beirut (UK) Ltd (Mortgagee of the Vessel), the Bombay High Court passed an order of arrest of the Vessel, M.V. SAN GIORGIO-1 in Admiralty Suit No.13/2007. M/s.Olam International Limited, Singapore (Sub-Charterer of the Vessel, M.V. SAN GIORGIO-1 and also the owner of Cargo in the said Vessel) requested Chenai Port Trust to permit the Vessel to discharge the Cargo and assured that the Vessel