CAUVERY COFFEE TRADERS Vs. NEW MANGALORE PORT TRUST

JUDGEMENT

(1.) The petitioner- partnership firm has filed the present writ petition for a writ of certiorari to quash the impugned letter dated 21.5.2014 bearing No.3/44/2014/EBL.1(IOF), Annexure-J issued by the respondent and a writ of mandamus directing the respondent to consider its representations dated 5.7.2013 and 20.5.2014, Annexures-G and H as well as to refund the security deposit of Rs.50,00,000/- along with interest @ 18% per annum from 2010 till the date of actual payment.

(2.) It is the case of the petitioner-firm that it is engaged in the business of export of minerals and in connection with its business, it approached the respondent for allotment of a plot inside their port yard for the purpose of storage of their minerals before export of the same from Mangalooru Port. The respondent after verification of the records submitted by it, considered its application for allotment of a plot and allotted an unpaved area plot totally measuring 2000 sq.mts. inside the wharf for stacking of iron ore fines. Subsequent to allotment of the plot, it had complied with all the conditions stipulated in the allotment including remittance of security deposit of Rs.50 lakhs. Considering exports being done by it, the respondent allotted additional area of 3000 sq. mts., and in all total area measuring 5000 sq. mts.

(3.) It is further case of the petitioner that in the year 2010, the State Government imposed ban on export of iron ore from Karnataka and due to this reason, it could only clear the stock available in its plot in the respondent's port and also could not secure any material for the purpose of export. Therefore, it submitted a letter to the respondent intimating the fact that it had cleared the entire quantity of iron from its plot and requested the respondent to take back the plot and refund the security deposit of Rs.50 lakhs immediately. After surrender of the plot, it repeatedly requested the respondent to refund the security deposit in response to which the respondent issued a letter stating that some more materials were available in the yard and hence, its submission of surrendering the plot in vacant position was not accepted, but in view of the reason that the ground rent for the plot was not paid, the respondent cancelled the allotment of the plot with immediate effect. In turn, the petitioner wrote a letter stating that it had handed over the vacant land on 7.5.2010 after shipping the entire quantity of iron ore fines, which was available in its plot. It was also further stated that the entire plot was cleared from all the materials and no mineral was available and hence, requested the respondent to refund the security deposit of Rs.50 lakhs. In response, the respondent-authorities communicated the petitioner that it is due for a sum of Rs.1,30,29,297/- and after adjusting the security deposit available, the outstanding amount due on the part of the petitioner to the respondent was Rs.79,67,668/-. Hence, the present writ petition is filed by the petitioner.