High Court of KeralaDivision Bench2023-06-26Writ appeals disposed of in terms of the judgme...

W.A. Nos. 1068, 1069 & 1081 of 2012

Case / Petition Number:W.A. Nos. 1068, 1069 & 1081 of 2012

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: S. V. N. Bhatti
Basant Balaji
Judgment Date: 2023-06-26
Court Decision / Holding: Writ appeals disposed of in terms of the judgment dated 05.08.2020 in Civil Appeal No.2525 of 2018.
Final Disposition: Writ appeals disposed of in terms of the judgment dated 05.08.2020 in Civil Appeal No.2525 of 2018.

Parties to the Case

Appellants / Petitioners

THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-682 009.
BOARD OF TRUSTEES, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-682 009, represented by its Chairman

Respondents

AISWARYA MARITIME SERVICES, 24/1573, Lot 22/C, Subramanian Road, Willington Island, Kochi-682 003, represented by its Power of Attorney Holder, Mr. A. H. D'CRUZ
THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE, KOCHI-682 009
PAREKH MARINE AGENCIES PVT. LTD., PLOT NO.10-A, NILHAT HOUSE, BRISTOW ROAD, WILLINGTON ISLAND, KOCHI-3, represented by its Power of Attorney Holder, Mr. M. L. Parekh, S/o Laxmidas M. Parekh
UNION OF INDIA, represented by its Secretary, Ministry of Finance, New Delhi
UNION TRANSPORT INDIA PVT. LTD., 14/1469, DARRAGH SMAIL BUILDING, 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI-3
M/S SWEETY INTERNATIONAL (P) LTD., OFF. NO.27, 173 DADI SETH AGIARY LANE, NEAR CHIRA BAZAR, MUMBAI-400 002
IA L SHIPPING AGENCIES (KOCHI) LTD., 3-B, 3RD FLOOR, DARRAGH SMAIL CENTRE, 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI-682 003

Legal Representation & Advocates

Counsels for Petitioners

• SRI.ABRAHAM JOSEPH MARKOS
• SRI.V.ABRAHAM MARKOS
• SRI.BINU MATHEW
• SRI.ISAAC THOMAS
• SRI.TOM THOMAS KAKKUZHIYIL

Counsels for Respondents

• SRI.ABRAHAM JOSEPH MARKOS
• SRI.V.ABRAHAM MARKOS
• SRI.BINU MATHEW
• SRI.ISAAC THOMAS
• SRI.TOM THOMAS KAKKUZHIYIL
• SRI.ANIRUDH R. KAMATH
• SRI.THOMAS MATTHEW NELLIMOOTTIL
• SRI.P.R.SREJITH
• SRI.PREMJITH
• SRI.VIPIN P.VARGHESE
• SRI.BIJISH B.TOM
• SRI.S.V.J. MATHEW SR

Case Synopsis & Summary

This is a cluster of writ appeals in the High Court of Kerala at Ernakulam challenging orders arising out of O.P. Nos. 38421/2002, 38420/2002 and 38422/2002. The appeals were heard together on 26 June 2023 before a Division Bench comprising Chief Justice S. V. N. Bhatti and Justice Basant Balaji. The lead case, WA-1068 of 2012, relates to the Chairman, Cochin Port Trust, and the Board of Trustees, Cochin Port Trust, represented by its Chairman, against opposing private and government parties including AISWARYA Maritime Services and the Commissioner of Customs (Imports). The court records that the impugned High Court judgment had followed the view in APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust (ILR 2011 (4) Kerala 277) and that the Division Bench’s view was later subjected to scrutiny by the Supreme Court with only a minor modification, yet the Court’s judgment stood affirmed. Consequently, the writ appeals were disposed of in terms of the Civil Appeal No. 2525 of 2018 judgment dated 5 August 2020. The disposition signals reaffirmation of the earlier legal approach in a consolidated manner, enabling closure on multiple O.Ps and WA proceedings.” ,

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants, i.e., the Chairman and Board of Trustees of the Cochin Port Trust, challenged the impugned high court order by emphasizing consistency with the Division Bench’s view in APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust (ILR 2011 (4) Kerala 277). They stressed the need to apply the established precedent to the linked OPs, and urged disposal aligned with the Supreme Court’s observations, albeit with a minor modification, to preserve the integrity of the Port Trust governance framework.

Contentions of Respondents

The respondents maintained the High Court’s approach to follow the Division Bench’s path as laid down in APL (India) Pvt. Ltd., arguing for continuity in the legal framework governing port trusts and customs matters. They accepted the general trajectory of the Division Bench’s interpretation and the subsequent affirmation with a minor modification by the Supreme Court, leading to disposal of the appeals in line with the 2020 Civil Appeal judgment.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust and others	ILR 2011 (4) Kerala 277	Positive	Impugned judgment followed the view of this case.
Civil Appeal No.2525 of 2018	Civil Appeal No.2525 of 2018	Positive	Writ appeals disposed of in terms of the judgment in this Civil Appeal dated 5 August 2020.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` MONDAY, THE 26[TH] DAY OF JUNE 2023 / 5TH ASHADHA, 1945 ``` ``` W.A. NO.1068OF 2012 ``` ``` (AGAINST THE JUDGMENT IN OP38421/2002 OF HIGH COURT OF KERALA) ``` ## **`APPELLANTS/RESPONDENTS 1 & 2 IN O.P.:`** ``` 1THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI - 682 009. 2BOARD OF TRUSTEES, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI -682 009, REPRESENTED BY ITS CHAIRMAN. BY ADVS. SRI.ABRAHAM JOSEPH MARKOS SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.ISAAC THOMAS SRI.TOM THOMAS KAKKUZHIYIL ``` ## **`RESPONDENTS/PETTIONER & RESPONDENTS 3 TO 6 IN O.P :`** ``` 1AISWARYA MARITIME SERVICES, 24/1573, LOT 22/C, SUBRAMANIAN ROAD, WILLINGTON ISLAND, KOCHI-682 003, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MR.A.H.D'CRUZ, S/O.W.H.D'CRUZ. 2THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE, KOCHI - 682 009. ``` 2 ## _W.A.Nos.1068, 1069 & 1081 of 2012_ ``` 3UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 600 001. 4UNION OF TRANSPORT (INDIA) PVT. LTD., 14/1469, DARRAGH SMAIL BUILDING, 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI -682 003. 5M/S.SWEETY INTERNATIONAL (P) LTD., OFF NO.27, 173 DADI SETH AGIARY LANE, NEAR CHIRA BAZAR, MUMBAI - 400 002, INDIA. BY ADVS. SRI.BIJISH B.TOM SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CB EX SRI.V.J.MATHEW SR. SRI.VIPIN P.VARGHESE ANIRUDH R.KAMATH – FOR R1 ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2023, ALONG WITH W.A.Nos.1069 & 1081/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 _W.A.Nos.1068, 1069 & 1081 of 2012_ ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI ``` ``` & ``` ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` MONDAY, THE 26[TH] DAY OF JUNE 2023 / 5TH ASHADHA, 1945 ``` ## **`W.A. NO.1069 OF 2012`** ``` (AGAINST THE JUDGMENT IN OP 38420/2002 OF HIGH COURT OF KERALA) ``` ``` APPELLANTS/RESPONDENTS 1 & 2 IN O.P: ``` ``` 1THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-682 009. 2BOARD OF TRUSTEES, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-682 009, REPRESENTED BY ITS CHAIRMAN. BY ADVS. SRI.ABRAHAM JOSEPH MARKOS SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.ISAAC THOMAS SRI.TOM THOMAS KAKKUZHIYIL ``` ## **`RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 6 IN O.P:`** 4 _W.A.Nos.1068, 1069 & 1081 of 2012_ - `1 PAREKH MARINE AGENCIES PVT. LTD., PLOT NO.10-A, NILHAT HOUSE, BRISTOW ROAD, WILLINGTON ISLAND, KOCHI-3, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.M.L.PAREKH, S/O.LAXMIDAS M.PAREKH, PIN-682 003.` - `2 THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE, KOCHI-9, PIN-682 009.` - `3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI, PIN-600 001.` - `4 UNION TRANSPORT (INDIA) PVT.LTD., 14/1469, DARRAGH SMAIL BUILDING, 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI-3, PIN-682 003.` ``` 5M/S.SWEETY INTERNATIONAL (P) LTD., OFF.NO.27, 173 DADI SETH AGIARY LANE, NEAR CHIRA BAZAR, MUMBAI-400 002, INDIA. BY ADVS. SRI.ANIRUDH R. KAMATH – FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CB EX SRI.P.R.SREJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS SRI. PREMJITH – FOR CGC ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2023, ALONG WITH WA.Nos.1081/2012 & 1068/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 _W.A.Nos.1068, 1069 & 1081 of 2012_ ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI ``` ``` & ``` ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` MONDAY, THE 26[TH] DAY OF JUNE 2023 / 5TH ASHADHA, 1945 ``` ## **`W.A. NO.1081 OF 2012`** ``` (AGAINST THE JUDGMENT IN OP 38422/2002 OF HIGH COURT OF KERALA) ``` ## **`APPELLANTS/RESPONDENTS 1 & 2 IN O.P:`** ``` 1THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI - 682 009. 2BOARD OF TRUSTEES, COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI - 682 009, REPRESENTED BY ITS CHAIRMAN BY ADVS. SRI.ABRAHAM JOSEPH MARKOS SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.ISAAC THOMAS SRI.TOM THOMAS KAKKUZHIYIL ``` ## **`RESPONDENTS/PETITIONER 7 RESPONDENTS 3 TO 6 IN O.P:`** ``` 1IAL SHIPPING AGENCIES (KOCHI) LTD., 3-B, 3RD FLOOR, DARRAGH SMAIL CENTRE, ``` 6 _W.A.Nos.1068, 1069 & 1081 of 2012_ ``` 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI-682 003, REPRESENTED BY ITS SALES MANAGER, MR.BIJU.K, S/O.A. KRISHNAN 2THE COMMISSIONER OF CUSTOMS (IMPORTS), CUSTOMS HOUSE, KOCHI - 682 009. 3UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 600 001. 4UNION OF TRANSPORT INDIA PVT. LTD. 14/1469, DARRAGH SMAIL BUILDINGS, 5TH CROSS ROAD, WILLINGTON ISLAND, KOCHI - 682 003. 5M/S.SWEETY INTERNATIONAL (P) LTD., OFF. NO.27, 173 DADI SETH AGIARY LANE, NEAR CHIRA BAZAR, MUMBAI - 400 002, INDIA. BY ADVS. SRI.BIJISH B.TOM SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CB EX SRI.V.J.MATHEW SR. SRI.P.R.SREJITH, SC, CENTRAL BOARD OF EXCISE AND CUSTOMS SRI.VIPIN P.VARGHESE SRI.ANIRUDH R. KAMATH – FOR R1 SRI.PREMJITH, CGC ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2023, ALONG WITH WA.Nos.1069/2012 & 1068/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 7 _W.A.Nos.1068, 1069 & 1081 of 2012_ ## JUDGMENT _(Dated: 26[th] June, 2023)_ S.V.N.Bhatti, (C.J.) We have heard Adv.Isaac Thomas, for the appellants, Adv.Anirudh R.Kamath for the 1[st] respondent and Adv.Premjith for CGC. 2. Writ Appeal No.1068 of 2012 has been treated as a lead case by the counsel appearing for the parties. The appeal arises from the judgment dated 07.02.2012 in O.P.No.38421 of 2002. The impugned judgment was delivered by following the view taken by this Court in the decision reported in _APL (India) Pvt. Ltd., v. Chairman, Cochin Port Trust and others, (ILR 2011 (4) Kerala 277)_ . Thus, what remains to be noted is, firstly the writ petitions are disposed of following the view taken by the Division Bench in _APL (India) Pvt. Ltd._ ’s case (cited supra). The view of the Division Bench 8 _W.A.Nos.1068, 1069 & 1081 of 2012_ was questioned before the Hon’ble Supreme Court except for a minor modification, the judgment of this Court stood confirmed. Consequent to the above narrative, the writ appeals stand disposed of in terms of the judgment dated 05.08.2020 in Civil Appeal No.2525 of 2018. _Sd/-_ S.V.N.BHATTI, CHIEF JUSTICE _Sd/-_ BASANT BALAJI, JUDGE ss