Samudra Shipyard Private Limited vs Director Of Ports
2021 Latest Caselaw 7122 Ker

WP(C).No.5183 OF 2021(W)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.5183 OF 2021(W)

PETITIONER/S:
                SAMUDRA SHIPYARD PRIVATE LIMITED, P.B.NO.10,
                CHEMICAL INDUSTRIAL ESTATE, AROOR, ALAPPUZHA
                DISTRICT-688 534, KERALA STATE, REPRESENTED BY ITS
                MANAGING DIRECTOR DR.S.JEEVAN, AGED 53, S/O.
                SUDHAKARAN.A.G., RESIDING AT 22/599 A, SAMUDRA
                HOUSE, EDAKOCHI, PRABHAKARAN ROAD-682 010

                BY ADVS.
                SRI.JOMY GEORGE
                SRI.R.PADMARAJ
                SRI.M.J.BENNY
                SRI.DEEPAK MOHAN
                SMT. CHITRA N. DAS
                SHRI.RISHAB S.
                SRI.R.AJITH KUMAR [V.K.EDOM]
                SHRI.GEORGE J MOOLAMKUNNAM

RESPONDENT/S:
       1      DIRECTOR OF PORTS
              DIRECTORATE OF PORTS, VALIYATHURA, VALLAKADAVU
              P.O., THIRUVANANTHAPURAM-695 008

      2         PORT OFFICER,ALLAPUZHA PORT, BAZAR P.O., CIVIL
                STATION WARD, ALAPPUZHA-688 012

      3         CHAIRMAN,KERALA MARITIME BOARD, VALIYATHURA,
                VALLAKADAVU P.O., THIRUVANANTHAPURAM-695 008

      4         SECRETARY,
                FISHERIES AND PORTS DEPARTMENT, VIKAS BHAVAN, 4TH
                FLOOR, UNIVERSITY OF KERALA SENATE, HOUSE CAMPUS,
                PALAYAM, THIRUVANANTHAPURAM-695 033

OTHER PRESENT:
             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5183 OF 2021(W)
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                                   JUDGMENT

Dated this the 1st day of March 2021

The petitioner was awarded the work of supply of two

firefighting boats for which Ext.P1 agreement was executed on

30.12.2015 and for which technical specifications were fixed by

the 1st respondent as per Ext.P2. It is stated that Ext.P3 supply

order was issued by the 1st respondent on 07.03.2015. However by

the time the first boat was ready, certain objections were

raised by the respondents. It is stated that the petitioner

rectified the defects as directed by the 1 st respondent. In the

meanwhile supply order in respect of second boat was cancelled

as per Ext.P4 order dated 01.02.2019. Based on the

representations Exts.P5 and P6 submitted by the petitioner a

meeting was convened by the 4th respondent and an inspection was

also conducted. The petitioner points out that though Ext.P8

report was submitted by the Port Officer before the inspection

committee members on 29.11.2019 no action is taken so far. The

petitioner points out that work of the 1 st vessel has already

been completed in tune with the specifications and modifications

pointed out by the respondents. Though petitioner had submitted

Ext.P9 representation before all the respondents no action is

taken so far.

2. Learned counsel for the petitioner submits that WP(C).No.5183 OF 2021(W)

petitioner would be satisfied with a direction to the 3 rd

respondent to consider the same and to pass appropriate orders.

Therefore, the Writ Petition is disposed of with a

direction to the 3rd respondent to consider and pass orders on

Ext.P9 representation after affording an opportunity of hearing

to the petitioner within a period of one month from the date of

receipt of a copy of the judgment.

Sd/-

                                                       P.V.ASHA

rkc                                                     JUDGE
 WP(C).No.5183 OF 2021(W)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE AGREEMENT EXECUTED BY THE

PETITIONER WITH THE 1ST RESPONDENT FOR AND ON BEHALF OF THE GOVERNOR OF KERALA DATED 30.12.2015

EXHIBIT P2 TRUE COPY OF THE TECHNICAL SPECIFICATION FIXED BY THE 1ST RESPONDENT FOR THE BOAT

EXHIBIT P3 TRUE COPY OF THE SUPPLY ORDER ISSUED BY THE 1ST RESPONDENT ON 7.03.2015

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 1.02.2019 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 3.03.3019 SENT BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.05.2019 SENT BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 24.07.2019 SENT BY THE SECRETARY TO THE GOVERNMENT

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 29.11.2019 SENT BY THE 2ND RESPONDENT TO THE INSPECTION COMMITTEE MEMBERS

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 09.02.2021 SENT BY THE PETITIONER TO THE RESPONDENTS 1,3 AND 4