Rajgopal And Company vs. The Union Of INDIA - Kerala High Court, 29 January 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNE AY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941 WP(C).No.5003 OF 2015(A) PETITIONER :- M/S.RAJAGOPAL & CO. ADMINISTRATIVE OFFICE, SRIPATHI, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004, REP. BY ITS MANAGING PARTNER. BY ADVS. SRI.S.EASWARAN SRI.M.A.AUGUSTINE SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS :- 1 THE UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF SHIPPING, CENTRAL SECRETARIAT, NEW DELHI - 110 001. 2 TARIFF AUTHORITY FOR MAJOR PORTS, 4TH FLOOR, BHANDAR BHAVAN, M.P.ROAD, MAZAGON, MUMBAI - 400 010. 3 THE COCHIN PORT TRUST WILLINGDON ISLAND, KOCHI - 682 003, REP. BY ITS CHAIRMAN. BY ADV. SRI.V.ABRAHAM MARKOS BY ADV. SRI.ABRAHAM JOSEPH MARKOS BY ADV. SRI.BINU MATHEW BY ADV. SRI.ISAAC THOMAS BY ADV. SRI.NOBY THOMAS CYRIAC BY ADV. SRI.TOM THOMAS KAKKUZHIYIL BY ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2020, ALONG WITH WP(C).4599/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos.5003/2015 & 4599/2019 -: 2 :- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNE AY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941 WP(C).No.4599 OF 2019(Y) PETITIONER :- M/S.RAJGOPAL & COMPANY, ADMINISTRATIVE OFFICE, SRIPATHI, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS MANAGING PARTNER. BY ADVS.SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE SRI.P.SREEKUMAR (THOTTAKKATTUKARA) SMT.SOUMYA JAMES RESPONDENTS :- 1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF SHIPPING, CENTRAL SECRETARIAT, NEW DELHI - 110 001. 2 TARIFF AUTHORITY FOR MAJOR PORTS, 4TH FLOOR, BHANDAR BHAVAN, M.P.ROAD, MAZAGON, MUMBAI - 400 010. 3 THE COHIN PORT TRUST, WILLINGDON ISLAND, KOCHI - 682 003, REPRESENTED BY ITS CHAIRMAN/SECRETARY. ADDL. 4 M/S.BUCKER ASSOCIATES DHARUL KARAM, DOOR NO.12/1001 B, AANDIACHARI ROAD, PARAVANA JUNCTION, KOCHI - 2, REPRESENTED BY ITS PROPRIETOR T.A.MOHAMMED SUNEER. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 20.01.2020 IN I.A.1/2020 IN WP(C). R1 BY ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA R3 BY ADV. SRI.V.ABRAHAM MARKOS R3 BY ADV. SRI.ABRAHAM JOSEPH MARKOS R3 BY ADV. SRI.ISAAC THOMAS

WP(C).Nos.5003/2015 & 4599/2019 -: 3 :- R3 BY ADV. SRI.P.G.CHANDAPILLAI ABRAHAM R3 BY ADV. SRI.VIPIN ANTO H.M. R3 BY ADV. SRI.ALEXANDER JOSEPH MARKOS R3 BY ADV. SRI.SHARAD JOSEPH KODANTHARA R4 BY ADV. SRI.BABU KARUKAPADATH R4 BY ADV. SMT.M.A.VAHEEDA BABU R4 BY ADV. SRI.P.U.VINOD KUMAR R4 BY ADV. SRI.AVINASH P RAVEENDRAN R4 BY ADV. SMT.ARYA RAGHUNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2020, ALONG WITH WP(C).5003/2015(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos.5003/2015 & 4599/2019 -: 4 :- JUDGMENT Dated this the 29th day of January 2020 W.P.(C) No.5003/2015 has been filed challenging Exts.P12 and P15 and seeking renewal of the lease by considering the application preferred by the petitioner. W.P.(C) No.4599/2019 has been filed challenging Ext.P20 order and seeking direction to the 3rd respondent to renew the lease of the petitioner considering the application submitted by the petitioner.

It is submitted that there was an interim order issued by this Court on 1.3.2019 directing that the petitioner shall not be disturbed or evicted. A further interim order was rendered in W.P. (C) No.4599/2019 on 13.6.2019 permitting the petitioner to participate in the auction, without prejudice to the challenge made in the writ petition. It is submitted that an auction had been conducted on 19.9.2019 and that the additional 4th respondent was the highest bidder. The petitioner had agreed to meet the bid of the highest bidder and had remitted the entire amount including GST at the rate of 19%, totalling to an amount of Rs.21,27,000/-, by demand draft and Ext.P26 covering letter along with copy of the demand draft has been produced before this Court. In view of the fact that the petitioner has remitted the preliminary amounts due by meeting the highest bid, I am of the

WP(C).Nos.5003/2015 & 4599/2019 -: 5 :- opinion that these writ petitions are liable to be disposed of directing the finalisation of further proceedings with regard to the tender conducted on 19.9.2019. In case the petitioner remits the further amounts, due action shall be taken in accordance with law for finalising the tender in his favour. In case there is any default in the payment of the amounts by the writ petitioner, further appropriate action shall be taken by the respondents. ANU SIVARAMAN

JUDGE Jvt/3.2.2020

WP(C).Nos.5003/2015 & 4599/2019 -: 6 :- APPENDIX OF WP(C) 5003/2015 PETITIONER'S EXHIBITS: EXHIBIT P1 RELEVANT EXTRACT OF DEED OF LEASE DATED 7TH APRIL, 1961 EXECUTED BETWEEN THE PETITIONER AND ON BEHALF OF THE 3RD RESPONDENT. EXHIBIT P2 COPY OF LETTER DATED 18-06-2014 FROM THE SENIOR ASST. ESTATE MANAGER OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P3 COPY OF LETTER DATED 19-07-2014 FROM DO. DO. EXHIBIT P4 COPY OF BILL DATED 15-03-2014 ISSUED TO THE PETITIONER BY THE FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER OF THE 3RD RESPONDENT. EXHIBIT P5 COPY OF APPLICATION ALONG WITH THE COVERING LETTER DATED 12-05-2014 SUBMITTED BY THE PETITIONER FOR RENEWAL OF LEASE. EXHIBIT P6 COPY OF LETTER DATED 04-07-2014 SUBMITTED BY THE PETITIONER BEFORE THE SR. ASST. ESTATE MANAGER OF THE 3RD RESPONDENT. EXHIBIT P7 COPY OF LETTER DATED 13TH OCTOBER, 2014 ISSUED BY THE CHIEF ENGINEER OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P8 COPY OF NOTICE NO.EM10/C/1/3611/60 DATED 17-11- 2014 ISSUED BY THE CHIEF ENGINEER OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P9 COPY OF LETTER DATED 25TH AUGUST, 2014 BY M/S.DECCAN TRANSPORT TO THE PETITIONER. EXHIBIT P10 COPY OF COMMUNICATION DATED 29-11-2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P11 COPY OF COMMUNICATION DATED 03-01-2013 SUBMITTED BY THE PETITIONER AND ADDRESSED TO THE SENIOR ASSISTANT ESTATE MANAGER OF THE 3RD RESPONDENT. EXHIBIT P12 COPY OF POLICY GUIDELINES FOR LAND MEASUREMENT BY MAJOR PORTS 2014. EXHIBIT P13 COPY OF JUDGMENT DATED 8TH DECEMBER, 2014 IN WPC.NO.32724 OF 2014. WP(C).Nos.5003/2015 & 4599/2019 -: 7 :- EXHIBIT P14 COPY OF OBJECTION DATED 17-12-2014 SUBMITTED BY THE PETITIONER TO THE NOTICE DATED 17-11-2014. EXHIBIT P15 COPY OF PROCEEDINGS NO.EM10/C/L/3611/60/2014 DATED 23-01-2015 ISSUED BY THE CHAIRMAN OF THE 3RD RESPONDENT. EXHIBIT P16 COPY OF BILL DATED 3.9.2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P17 COPY OF LETTER DATED 1.9.2017 ALONG WITH THE CHEQUE FOR THE AMOUNT COVERED BY EXT.P16 BILL SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P18 COPY OF LETTER DATED 6.3.2015 ALONG WITH A COPY OF THE DEMAND DRAFT DATED 6.3.2015. EXHIBIT P19 COPY OF REPLY DATED 23-06-2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P20 COPY OF COMMUNICATION DATED 13-07-2015 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: ANNEXURE R3(a)OF THE JUDGMENT DATED 10-07-2003 OF THIS HON'BLE COURT IN O.P.NO.5106/1992. ANNEXURE R3(b)OF THE ORDER DATED 20-01-2009 OF THE HON'BLE SUPREME COURT IN C.A.NO.6805-6811 OF 2004 ANNEXURE R3(c)OF THE LETTER DATED 21-12-2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ANNEXURE R3(d)OF THE LAND USE PLAN OF COCHIN PORT 2012-2042

WP(C).Nos.5003/2015 & 4599/2019 -: 8 :- APPENDIX OF WP(C) 4599/2019 PETITIONER'S EXHIBITS: EXHIBIT P1 RELEVANT EXTRACT OF DEED OF LEASE DATED 7TH APRIL, 1961 EXECUTED BETWEEN THE PETITIONER AND ON BEHALF OF THE 3RD RESPONDENT. EXHIBIT P2 COPY OF LETTER DATED 18.6.2014, FROM THE SENIOR ASST. ESTATE MANAGER, OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P3 COPY OF LETTER DATED 19.7.2014 FROM DO.DO. EXHIBIT P4 COPY OF BILL DATED 15.3.2014 ISSUED TO THE PETITIONER BY THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER, OF THE 3RD RESPONDENT. EXHIBIT P5 COPY OF APPLICATION ALONG WITH THE COVERING LETTER DATED 12.5.2014, SUBMITTED BY THE PETITIONER FOR RENEWAL OF LEASE. EXHIBIT P6 COPY OF LETTER DATED 4.7.2014, SUBMITTED BY THE PETITIONER BEFORE THE SR. ASST. ESTATE MANGER OF THE 3RD RESPONDENT EXHIBIT P7 COPY OF LETTER DATED 13TH OCTOBER, 2014, ISSUED BY THE CHIEF ENGINEER OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P8 COPY OF NOTICE NO. EM 10/C/1/3611/60 DATED 17.11.2014 ISSUED BY THE CHIEF ENGINEER OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P9 COPY OF LETTER DATED 25TH AUGUST 2014 BY M/S. DECCAN TRANSPORT TO THE PETITIONER. EXHIBIT P10 COPY OF COMMUNICATION DATED 29.11.2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P11 COPY OF COMMUNICATION DATED 3.1.2013 SUBMITTED BY THE PETITIONER AND ADDRESSED TO THE SENIOR ASSISTANT ESTATE MANGER OF THE 3RD RESPONDENT. EXHIBIT P12 COPY OF POLICY GUIDELINES FOR LAND MEASUREMENT BY MAJOR PORTS, 2014. EXHIBIT P13 COPY OF JUDGMENT DATED 8TH DECEMBER, 2014, IN WPC NO. 32724 OF 2014. WP(C).Nos.5003/2015 & 4599/2019 -: 9 :- EXHIBIT P14 COPY OF OBJECTION DATED 17.12.2014 SUBMITTED BY THE PETITIONER TO THE NOTICE DATED 17.11.2014. EXHIBIT P15 COPY OF PROCEEDINGS NO EM10/C/L/3611/60/2014 DATED 23.1.2015 ISSUED BY THE CHAIRMAN OF THE 3RD RESPONDENT. EXHIBIT P16 COPY OF ORDER DATED 7.10.2015 IN WPC NO.5003 OF 2015 (A). EXHIBIT P17 COPY OF TENDER FORM RELEVANT EXTRACT ISSUED BY THE 3RD RESPONDENT. EXHIBIT P18 COPY OF COMMUNICATION DATED 21.11.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P19 COPY OF COMMUNICATION DATED 21.12.2016 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P20 COPY OF COMMUNICATION DATED 9.1.2019 ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT. EXHIBIT P21 COPY OF COMMUNICATION DATED 13/08/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P21(a): COPY OF BID NOTICE DATED 14/08/2019 ENCLOSED BY THE 3RD RESPONDENT ALONG WITH EXHIBIT P21. EXHIBIT P21(b): COPY OF VALUATION REPORT DATED 26/12/2014 FORWARDED TO THE PETITIONER ALONG WITH EXT.P21. EXHIBIT P22: COMMUNICATION DATED 05/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P23: COPY OF REPLY DATED 14/10/2019 SUBMITTED BY THE PETITIONER TO EXT.P22. EXHIBIT P24: COPY OF PROCEEDINGS DATED 22/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P25: COPY OF TENDER NOTIFICATION DATED 31/03/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P26 COPY OF LETTER DATED 22.01.2020 ALONG WITH COPY OF DEMAND DRAFT DATED 22.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

WP(C).Nos.5003/2015 & 4599/2019 -: 10 :- RESPONDENT'S EXHIBITS: EXHIBIT R3(a)OF INTERIM ORDER DATED 20/01/2017 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO. 1817 OF 2017. EXHIBIT R3(b)OF THE ORDER DATED 08/02/2017 IN I.A. NO. 1987/2017 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO. 1817 OF 2017. EXHIBIT R3(c)OF THE BOARD OF TRUSTEES MEETING FOR THE YEAR 2015-16 DATED 11.02.2016. EXHIBIT R3(d)OF THE COUNTER AFFIDAVIT DATED 03/02/2017 FILED BY THIS RESPONDENT IN W.P. (C) NO. 1817/2017. EXHIBIT R3(e)OF THE E-TENDER NO MSTC-15314. EXHIBIT R3(f)OF THE LETTER DATED 5.10.2019 ISSUED TO THE WRIT PETITIONER. EXHIBIT R3(g)OF THE LETTER DATED 8.10.2019 RECEIVED FROM THE WRIT PETITIONER. EXHIBIT R3(h)OF THE PORT'S LETTER DATED 11.10.2019 TO THE WRIT PETITIONER EXHIBIT R3(i)OF THE LETTER DATED 25.10.2019 RECEIVED FROM THE WRIT PETITIONER SEEKING ADDITIONAL TIME. EXHIBIT R3(j)OF THE SECTION 3 OF 2018 E TENDER DOCUMENT. EXHIBIT R4(a) AOF THE INTIMATION DATED 05/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT R4(b) AOF THE INTIMATION DATED 11/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT R4(c) AOF THE LETTER DATED 25/10/2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SEEKING TIME FOR REPLY. EXHIBIT R4(d) AOF THE E-MAIL DATED 01/11/2019 SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

WP(C).Nos.5003/2015 & 4599/2019 -: 11 :- EXHIBIT R4(e) AOF THE REPLY DATED 04/11/2019 RECEIVED FROM THE 3RD RESPONDENT TO EXHIBIT R4(d). //// P.A. TO JUDGE