M/S. Blue Ocean Container Terminals ... vs The City Police Commissioner, ...
2024 Latest Caselaw 23260 Ker

Kerala High Court

M/S. Blue Ocean Container Terminals ... vs The City Police Commissioner, ... on 2 August, 2024

Author: V.G.Arun

Bench: V.G.Arun

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
                             WP(C) NO. 27403 OF 2024
PETITIONER:

              M/S. BLUE OCEAN CONTAINER TERMINALS (INDIA) PRIVATE LIMITED
              DOOR NO. 17/38-DIBI, SREE SASTHA APARTMENTS,
              NORTH FORT GATE, TRIPUNITHURA, ERNAKULAM,
              REPRESENTED BY ITS MANAGING DIRECTOR,
              PIN - 682301
              BY ADVS.
              SREEKALA KRISHNADAS
              C.VIVEK
              RAKHI RAMACHANDRAN
              SREESHMA P.R.
              JOMY JOHNY

RESPONDENTS:

     1        THE CITY POLICE COMMISSIONER, ERNAKULAM
              PARK VIEW, MARINE DRIVE, ERNAKULAM, KERALA,
              PIN - 682011
     2        THE CIRCLE INSPECTOR OF POLICE
              MULAVUKADU POLICE STATION, ERNAKULAM, KERALA,
              PIN - 682504
     3        M/S. MIV LOGISTICS PRIVATE LIMITED
              BLOCK NO.3, CPT LAND, OPP. ICTT, VALLARPADAM P.O.,
              COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR MR. DR.
              ELLANGOVAN K IAS MANAGING DIRECTOR, PIN - 682504

OTHER PRESENT:

              SRI. P.S. APPU, GOVERNMENT PLEADER

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.27403 of 2024

                                           2


                                 JUDGMENT

Dated this the 02nd day of August, 2024

In spite of best efforts to settle the dispute through

mediation, it did not fructify. The parties are still at logger

heads, as regards the payments to be effected.

Even though learned Counsel for the petitioner

submits that in the extra ordinary situation created, by

which movement of containers from the yard being

prevented, is sufficient reason for directing Police

intervention, the dispute being with respect to the terms

of an agreement, there cannot be any such direction in

exercise of the power under Article 226 of the

Constitution of India. An order to that effect would be to

the benefit of one of the contracting parties and to the

detriment of the other.

The writ petition is hence closed.

Sd/-

V.G.ARUN

JUDGE NB/2-8

APPENDIX OF WP(C) 27403/2024

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF AGREEMENT OF UNDERTAKING DATED 28.02.2023 EXHIBIT P2 TRUE COPY OF OPERATION AND MANAGEMENT DATED 01.03.2024 EXHIBIT P3 TRUE COPY OF SETTLEMENT DATED 19.09.2023 EXHIBIT P4 TRUE COPY OF JUDGMENT IN AR 110/2023 DATED 21.09.2023 PASSED BY THIS HONOURABLE COURT. EXHIBIT P5 TRUE COPY OF LETTER DATED 18.03.2024 CONFIRMING THE DEPOSIT OF TITLE DEEDS AS ON 19.09.2023. EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 27.07.2024 SUBMITTED TO THE 2ND RESPONDENT AND ITS ACKNOWLEDGMENT.

EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 30.07.2024 SUBMITTED TO THE 1ST RESPONDENT AND ITS ACKNOWLEDGMENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE