Judgment
W.P.(C)No.27218 of 2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944 WP(C) NO. 27218 OF 2021 PETITIONER/S:
CHEMMANUR FASHION JEWELLERS PAN NO.[AAFFC0144] DOOR NO.6/96-A, MYSORE ROAD, SULTHAN BATHERY, WAYAND, PIN-67.595, REPRESENTED BY ITS PARTNER MR.DEVADASAN M, DEVADASAN M, S/O MADHAVAN, AGED 55 YEARS, RESIDING AT VIDHUVAN HOUSE, THRIPPALUR, PTHIYANKAM, ALATHUR, PALAKKAD, KERALA.
BY ADVS.
RAJIT LAKSHMI V.PILLAI RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF PORTS, SHIPPING AND WATERWAYS, NEW DELHI-110001.
2 COCHIN PORT TRUST WILLINGDON ISLAND, COCHIN-9, REPRESENTED BY ITS SECRETARY, PIN-682003.
3 DEPUTY CHIEF ENGINEER (ESTATE), COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-9, PIN- 682003.
BY ADVS.
SRI.RAJAGOPALAN.A., CGC V.ABRAHAM MARKOS ABRAHAM JOSEPH MARKOS ISAAC THOMAS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA S.MANU OTHER PRESENT:
W.P.(C)No.27218 of 2021 2 0 CGC V. Gireesh Kumar THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27218 of 2021 3 V.G.ARUN, J.
----------------------------------------------- W.P(C).No. 27218 of 2021 ----------------------------------------------- Dated this the 8h day of November, 2022 JUDGMENT The writ petitioner was the successful bidder for the tender- cum auction conducted by the Cochin Port Trust for allotment of Tourist Jetty with allied structures and nearby open area at Willingdon Island on license basis for a period of five years. The allotment order was issued to the petitioner on 19/10/2020. Prior to the issuance of the said allotment order, the petitioner had paid of Rs.9,90,000/- as security Deposit and an amount of Rs.1,65,000/- plus GST as licence fee for the first month. As per Clause 2.9 of the Bid Document, the licencee is bound to take over the licensed premises within 30 days of allotment and should commence payment of licence fee from the date of take over. According to the petitioner, although immediate steps were taken to commence construction, Cochin Port Trust called upon the petitioner to obtain all required clearances before commencement of construction.
2. Learned Counsel for the petitioner referred to the letter
W.P.(C)No.27218 of 2021 4 exchanged between the parties to show that the petitioner had acted in terms of the allotment and the delay was on the part of the Cochin Port Trust. Adding to the petitioner's dismay, the CRZ Authorities took the stand that no construction is possible at the site allotted to the petitioner. Faced with such an unsurmountable hurdle, the petitioner issued Ext.P10 letter dated 13/10/2021 terminating the contract. The Cochin Port Trust reciprocated with Ext.P11 letter, requiring the petitioner to show cause as to why an order terminating the license and cancelling the allotment should not be made. It was alleged that the proposal to cancel the licence is prompted by the petitioner's default in commencing the activities in terms of the tender notice. Aggrieved, this writ petition was filed.
3. According to the petitioner, it is not responsible to pay the licence fee from the date of take over, since the delay is not in any manner attributable to it. The Cochin Port Trust's stand is that that the petitioner is bound by the terms of allotment and no relaxation can be granted under any circumstance. Although various other contentions are urged by the learned Counsel for the petitioner and the learned DSGI, it is evident from the pleadings and the arguments that, resolution of the dispute requires adduction of evidence, both oral and documentary.
4.
Although I am of the opinion that the Cochin Port Trust should
W.P.(C)No.27218 of 2021 5 adopt a practical approach, taking into account the impact of Covid pandemic and lockdown, I refrain from issuing any specific direction since the parties have other efficacious remedies. Needless to say that, while quantifying the claim for licence fee, all relevant aspects should be taken into account.
5. The Cochin Port Trust has filed an interlocutory application seeking a direction to the petitioner to immediately vacate the licensed premises. Learned Counsel for the petitioner submits that the petitioner had expressed his willingness to vacate the premises long back and the licence having been terminated the contract, the petitioner has no intention to continue in occupation of the premises. The above submission is recorded.
The writ petition is accordingly closed, reserving the right of the parties to resort to the appropriate remedies available to them.
Sd/- V.G.ARUN, Judge dpk
W.P.(C)No.27218 of 2021 6 APPENDIX OF WP(C) 27218/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BID NOTICE ISSUED BY THE COCHIN PORT TRUST DATED 18.05.2020.
Exhibit P2 A TRUE COPY OF THE ALLOTMENT ORDER ISSUED BY THE COPT TO THE PETITIONER DATED 19.10.2020.
Exhibit P3 A TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO COPT DATED 22.12.2020.
Exhibit P4 A TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM COPT DATED 08.02.2021.
Exhibit P5 A TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM COPT DATED 23.02.2021.
Exhibit P6 A TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING ENTERED BETWEEN CHEMMANUR FASHION JEWELERS AS THE FIRST PARTY AND COCHIN PORT TRUST AS THE SECOND PARTY, DATED 24.02.2021.
Exhibit P7 A TRUE COPY OF THE LICENCE DEED ENTERED BETWEEN THE LICENSOR I.E.COCHIN PORT TRUST AND THE LICENSEE I. E. CHEMMANUR FASHION JEWELLERS DATED 22.07.2021.
Exhibit P8 A TRUE COPY OF THE E MAIL SENT BY THE PETITIONER TO THE COPT ON 04.08.2021.
Exhibit P9 A TRUE COPY OF THE E MAIL RECEIVED BY THE PETITIONER FROM THE COCHIN PORT TRUST ON 16.08.2021.
Exhibit P10 A TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE COPT ON 13.10.2021.
Exhibit P11 A TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FORM THE COPT ON 19.10.2021.