Tenetowl LogoTenetowl
High Court of KeralaDivision BenchDisposal of the writ appeals in terms of the Su...

W.A. Nos. 1068, 1069 & 1081 of 2012 (against OP Nos. 38421/2002, 38420/2002 and 38422/2002, Kerala High Court)

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
Disposal of the writ appeals in terms of the Supreme Court’s judgment dated 05.08.2020 in Civil Appeal No.2525 of 2018.

Parties to the Case

Appellants / Petitioners

  • THE CHAIRMAN, COCHIN PORT TRUST
  • BOARD OF TRUSTEES, COCHIN PORT TRUST

Respondents

  • AISWARYA MARITIME SERVICES
  • THE COMMISSIONER OF CUSTOMS (IMPORTS)
  • UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE
  • UNION TRANSPORT (INDIA) PVT. LTD.
  • M/S SWEETY INTERNATIONAL (P) LTD.
  • PAREKH MARINE AGENCIES PVT. LTD.
  • IAL SHIPPING AGENCIES (KOCHI) LTD.

Legal Representation & Advocates

Counsels for Petitioners

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

Counsels for Respondents

  • • SRI.ANIRUDH R. KAMATH
  • • SRI.P.R.SREJITH
  • • SRI.PREMJITH

Case Synopsis & Summary

These three writ appeals arise from original petitions challenging orders of the Kerala High Court in OP Nos. 38421/2002, 38420/2002 and 38422/2002. The appellants are the Chairman and Board of Trustees of the Cochin Port Trust, seeking relief against respondents including AISWARYA MARITIME SERVICES, Parekh Marine Agencies, IAL Shipping Agencies (Kochi), Sweety International (P) Ltd., the Union of India, and the Commissioner of Customs (Imports), among others. The High Court, in 2012, disposed of the writ petitions by following the view in APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust and others, ILR 2011 (4) Kerala 277, as confirmed by a subsequent Supreme Court intervention with a minor modification. The June 26, 2023 judgment treats the lead WA 1068/2012 as representative and disposes of the appeals in terms of the Supreme Court’s 2020 decision in Civil Appeal No. 2525 of 2018. The decision reaffirms the co-extension of port-trust prerogatives with the established precedent and notes that the matter is resolved by this higher court’s ruling. The bench comprises Chief Justice S. V. N. Bhatti and Justice Basant Balaji (Division Bench). The neutral citation is not provided in the text.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the impugned High Court approach and the subsequent disposition should align with the controlling precedent in APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust (ILR 2011 (4) Kerala 277) and that the Supreme Court’s subsequent modification does not negate that framework. They submit that disposal of the writ petitions should follow the same line of reasoning established by the Division Bench’s view in the APL case and reflected in the Civil Appeal No.2525 of 2018 lineage, thereby maintaining consistency in writ jurisdiction and port-trust administration.

Contentions of Respondents

The respondents argue for adherence to the High Court’s application of the APL framework and contend that the Supreme Court’s later intervention with a minor modification reinforces the need to preserve the established precedent. They emphasize that the orders under challenge were consistent with statutory and administrative practice in port operations and customs matters, and that the disposition of these writ appeals should reflect the 2020 Civil Appeal decision to ensure stability in administration and revenue collection.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
APL (India) Pvt. Ltd. v. Chairman, Cochin Port Trust and othersILR 2011 (4) Kerala 277PositiveThe High Court treated this case as the controlling authority for the disposition of the writ petitions and followed its view.
Civil Appeal No.2525 of 2018Civil Appeal No.2525 of 2018PositiveThe writ appeals were disposed of in terms of the Supreme Court’s judgment dated 05.08.2020 in this Civil Appeal.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W.A. Nos. 1068, 1069 & 1081 of 2012 (against OP Nos. 38421/2002, 38420/2002 and 38422/2002, Kerala High Court) and instantly map out authorities that support, challenge, or govern your position.

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