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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice D.Bharatha Chakravarthy, J
Choudary Technical Ship Services Pvt. Ltd. – Appellant
Versus
Chairman, Chennai Port Trust – Respondent
ORDER :
A. The Petition:
1. This writ petition challenges the impugned orders dated 07.11.2023 and 13.12.2023 and seeks a consequential direction for the second respondent to restore the power connection and all other facilities for the petitioner company to operate its business.
1.1. By the first impugned order dated 07.11.2023, the Traffic Manager of Chennai Port Authority, the second respondent herein, required the petitioner to pay the total outstanding dues, including the licence fee and penalty claim, amounting to Rs. 37,53,718/-. It was mentioned that failing compliance would result in further actions, such as the forfeiture of the security deposit, stoppage of services, and eviction under the Public Premises Act, 1971. By the second impugned order dated 13.12.2023, it was decided to disconnect power and water, and to halt the issuance of the harbour entry permit to the petitioner company.
B. The Factual Details :
2. The petitioner company is engaged in ship repair and fabrication, with facilities established within the port area. It has been conducting its activities since 1992 at Chennai Port. For this purpose, the port authority allocates vacant land, allowing the petitioner c
The authority can disconnect services for non-payment but must follow due process for eviction, ensuring access to premises until lawful eviction occurs.
Eviction notices issued by the Port Trust were held invalid, reinstating the petitioner’s possession subject to payment.
Court acknowledged eviction notices as invalid, allowing continued possession under specified terms due to infructuous nature of proceedings.
The Estate Officer's power to require payment of rent or damages in respect of public premises under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) act, 1971.
Natural justice requires a party to be heard before any order that affects their rights is decided, particularly in matters of condonation of delay under statutory provisions.
The failure of the port authority to act timely in recovering dues led to a constructive waiver of charges, reinforcing equitable considerations in maritime claims.
Authorities must adhere to regulatory frameworks and involve stakeholders when instituting or altering tariff structures in port operations.
Disconnection of power supply without following the procedure prescribed under Section 56 of the Electricity Act, 2003 and without a valid reason under Clause 17.2 of the General Terms and Conditions....
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