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2014 Supreme(Online)(KER) 7833

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
C R JEROME – Appellant
Versus
COCHIN PORT TRUST – Respondent


JUDGMENT

The petitioners are doing small business in Wellington Island under the Cochin Port Trust. Except petitioners 3 to 5, all are admittedly in legal possession/occupation by virtue of lease/licence agreement executed between the petitioners and the fourth respondent. The lease is granted based on the policy formulated by the Central Government from time to time. The present policy formulated by the Central Government is produced as Ext.P2. In Ext.P2, Clause 16.3 reference is made about renewal of existing leases. The only question now pertaining to Clause 16.3(c), which reads as follows:

“During the process of renewal of existing leases, the Port is required to differentiate between

those lease-agreements that stipulate automatic renewal and those that do not provide for such automatic renewal at the end of the lease-period. In cases of renewal of existing leases, without automatic renewal option at the end of the lease- term, the land will be put to tender-cum-auction with the first right of refusal to be extended to the existing lessee. The existing lessee should be allowed to match the H-1 bid. If any structures has been constructed by the earlier lessee on the leased land,

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