New Mahe Ceramics vs The Ministry Of Ports
2021 Latest Caselaw 16427 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                      WP(C) NO. 479 OF 2021
PETITIONER:

         NEW MAHE CERAMICS
         23/281, C1-C6, MEETHALAKANDY BUILDING, MAIN ROAD,
         KOYILANDY, KOZHIKODE, KERALA, PIN-673305,
         REPRESENTED BY ITS MANAGING PARTNER SHAKKEER T.G.
         BY ADV K.M.SATHYANATHA MENON


RESPONDENTS:

    1    THE MINISTRY OF PORTS,
         SHIPPING AND WATERWAYS, REPRESENTED BY THE
         SECRETARY, PARIVAHAN BHAVAN, 1, PARLIAMENT STREET,
         NEW DELHI-110001.
    2    THE COCHIN PORT TRUST,
         REPRESENTED BY ITS CHAIRMAN, COCHIN PORT TRUST,
         WILLINGDON ISLAND, KERALA, PIN-682009.
    3    THE BOARD OF TRUSTEES,
         REPRESENTED BY ITS CHAIRMAN, COCHIN PORT TRUST,
         WILLINGDON ISLAND, KOCHI, KERALA, PIN-682009.
    4    ALPHA TRANS COASTAL EXIM SERVICES LLP,
         B-38, MANMANDIR RESIDENCY-2, CHHATADIYA ROAD,
         RAJULA, GUJARAT, PIN CODE-365560, REPRESENTED BY
         ITS MANAGING DIRECTOR,
         EMAIL : [email protected]
* ADDL.5 THE COMMISSIONER OF CUSTOMS,
         CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN-682 009.

         IS IMPLEADED AS PER ORDER DATED 25-01-2021 IN IA
         1/2021.
 W.P.(C)No.479 of 2021
                                  :-2-:

 * ADDL.6 KOCHI INTERNATIONAL CONTAINER TRANSSHIPMENT
          TERMINAL (ICTT)
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, INDIA
          GATEWAY TERMINAL PVT.LTD., ADMINISTRATION
          BUILDING, ICTT VALLARPADAM, SEZ, MULAVUKADU
          VILLAGE, ERNAKULAM 682 504.
                IS IMPLEADED AS PER ORDER DATED 09.02.2021 IN IA
                2/2021.
                BY ADVS.
                SRI.ANISH JAIN, CGC
                SRI.V.ABRAHAM MARKOS
                SRI.RAJESH. K.RAJU
                SRI.M.GOPIKRISHNAN NAMBIAR
                SRI.ABRAHAM JOSEPH MARKOS
                SRI.ISAAC THOMAS
                SRI.P.G.CHANDAPILLAI ABRAHAM
                SHRI.ALEXANDER JOSEPH MARKOS
                SHRI.SHARAD JOSEPH KODANTHARA
                SRI.KURYAN THOMAS
                SRI.K.JOHN MATHAI
                SRI.JOSON MANAVALAN
                SRI.PAULOSE C. ABRAHAM
                SRI.RAJA KANNAN
                SRI.PARVATHY KOTTOL
                SRI. P. VIJAYAKUMAR, ASGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.479 of 2021
                                         :-3-:

                        Dated this the 5th day of August, 2021


                                  JUDGMENT

The petitioner, which is a partnership firm dealing in tiles,

ceramics, bathroom accessories, etc., had purchased goods covered

by Exhibits P2 and P3 from Gujarat and the same were entrusted with

the 4th Respondent for being transported to Kerala. The goods were

to be shipped from the Pipavav Port to Cochin Port through the

shipping line, Shipping Corporation of India Ltd and in the vessel, MV

SCI Chennai VOY 494. The petitioner submits that the goods were

covered by Exhibits P4 and P5 tax invoices and that the entire

transporting charges had also been paid to the 4 th Respondent

through RTGS transfer from the State Bank of India, Koyilandy Branch

to the accounts of the 4th Respondent with HDFC Bank, Rajula on

17.12.2020. The above transaction is evidenced by Exhibit P6

document. According to the petitioner, even though the goods arrived

at the Cochin Port, the same were withheld for no reason whatsoever.

The petitioner hence approached this Court, praying for release of the

goods. Even though the petitioner has the contention that the 4 th W.P.(C)No.479 of 2021 :-4-:

respondent is involved in unethical practice, the Writ petition has been

filed, mainly seeking prayers against the Respondents 1 to 3, 5 and 6,

for release of the consignment and for consequential reliefs.

2. It appears from what had transpired that the shipment in

question arrived at the Vallarpadam Terminal and not at the Cochin

Port. The petitioner had hence impleaded the 6 th respondent as

additional Respondent. On 16.7.2021, the counsel for the 6 th

respondent has filed a statement producing along with Exhibit R6(a),

which is an instruction from the agent of the Shipping Corporation of

India Ltd, requesting that the containers Nos. TCKU 3208684 and

TRHU 2676020 in which the consignments to the petitioner were

shipped, may be transhipped to Pipavav Port in MV SCI Chennai VOY

SM 502 which was expected to sail from Cochin on 20.02.2021. It is

submitted that on the basis of the request of the Shipping lines which

had arranged for the transport from the Pipavav Port, the containers

were transhipped back to Pipavav Port and are no longer available at

the Vallarpadam terminal for being released to the petitioner or his

agents.

W.P.(C)No.479 of 2021 :-5-:

3. Faced with the above situation, the counsel for the

petitioner prayed that the Writ petition may be closed without prejudice

to his rights to initiate appropriate proceedings against the Consignor

and the intermediaries involved in transporting the consignment from

Gujarat to Kochi and in the transhipment back to Pipavav Port.

This Writ petition is hence closed without prejudice to the rights

of the petitioner to initiate appropriate proceedings against the

Consignor and the intermediaries involved in the transporting of the

consignment from Pipavav Port to Cochin and in the transhipment of

the same, back from Cochin to Pipavav Port before the appropriate

forums.

All pending interlocutory applications are closed.

Sd/-

T.R.RAVI, JUDGE ami/ W.P.(C)No.479 of 2021 :-6-:

APPENDIX OF WP(C) 479/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER DATED 30.11.2017 ISSUED BY THE GOVERNMENT OF INDIA.

EXHIBIT P2 TRUE COPY OF THE TAX INVOICE NO.SCPL/0792 DATED 1.12.2020 ISSUED BY SONATA CERAMICA PVT. LTD.

EXHIBIT P3 TRUE COPY OF THE TAX INVOICE NO.2021TRG262 DATED 1.12.2020 ISSUED BY AMAZOONE CERAMICS LIMITED.

EXHIBIT P4 TRUE COPY OF THE TAX INVOICE NO.

ATC/TAX/4940 DATED 15.12.2020 RAISED BY 4TH RESPONDENT TOWARDS PETITIONER.

EXHIBIT P5 TRUE COPY OF THE TAX INVOICE NO.ATC/TAX/4941 DATED 15.12.2020 BY 4TH RESPONDENT TOWARDS PETITIONER.

EXHIBIT P6 TRUE COPY OF THE COMPUTER GENERATED STATEMENT OF THE TRANSACTION WITH STATE BANK OF INDIA, KOYILANDY BRANCH DATED 4.1.2021 FROM THE ACCOUNT OF PETITIONER. EXHIBIT P7 TRUE COPY OF THE EMAIL COMMUNICATION FORWARDED BY THE PETITIONER TO 4TH RESPONDENT DATED 19.12.2020.

EXHIBIT P8 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF NEW MAHE CERAMICS, MAHE IN THE STATE OF PUDUSSERY WITH GST REGISTRATION NO.34EKZPS6215N2Z3 DATED 23.9.2017.

EXHIBIT OF THE RESPONDENT :

EXHIBIT R6(a) TRUE COPY OF THE LETTER DATED 19.2.2021 FROM JAIRAM AND SONS