BOARD OF TRUSTEES Vs. COCHIN PORT LEASEHOLDERS ASSOCIATION

JUDGEMENT

(1.) This set of eight writ appeals four [W.A.Nos.751 of 2018, 763 of 2018, 775 of 2018 and 836 of 2018] filed on behalf of the Board of Trustees, Cochin Port Trust and the other four [W.A.Nos.2782 of 2025, 2817 of 2025, 2887 of 2025 and 3027 of 2025] filed by the Cochin Port Lease Holders' Association, Cochin Custom House Agents' Association, Indian Chamber of Commerce and Industry and M/s.Forbes Ewart & Figgis Private Limited respectively, impugn a common judgment dtd. 24/1/2018 of a learned Single Judge in W.P.(C).Nos.16851 of 2014, 32292 of 2014, 32299 of 2014 and 32305 of 2014.

(2.) The brief facts necessary for disposal of these Writ Appeals are as follows:

(3.) As is evident from a perusal of the aforementioned clauses, the appellants/writ petitioners as the 'original lessees' were obligated to pay to the Cochin Port Trust "such charges, fees or levies as are prescribed from time to time on account of subleases entered into by them with third parties." It would appear that while the appellants/writ petitioners were paying the necessary charges to Cochin Port Trust based on the rates then fixed by the latter, a demand was raised by the Cochin Port Trust for higher fees for subletting which was quantified at 50% of the rent charged by the appellants/writ petitioners from their sub-lessees. The demand by the Cochin Port Trust was apparently consequent to the implementation in the Cochin Port Trust of the Policy Guidelines for Land Management by Major Ports, 2014 [hereinafter referred to as the "LPG 2014"] which were in fact directions received from the Central Government under Sec. 111 of the Major Port Trusts Act, 1963.