SYMCOM COMMUNICATION Vs. CHAIRMAN CHENNAI PORT TRUST

JUDGEMENT

(1.) M.P.No.3 of 2010 filed praying to modify the order dated 3.11.2010 passed in M.P.No.2 of 2010 is listed today.

(2.) BY consent of both parties, the writ petition is taken up for final disposal.

(3.) PETITIONER in this case has purchased a dead vessel by name M.V.San Giorgio 1 while the vessel was berthed in Chennai Port Trust. The fact that the vessel has been declared as dead vessel meant for scraping is not in dispute. For the purpose of taking the vessel out of Chennai Port Trust, petitioner has to comply with certain formalities, like getting clearance from the Director General of Shipping and Indian Registrar of Shipping, besides other formalities. In the meanwhile, petitioner by letter dated 14.6.2010 requested the Chairman, Chennaii Port Trust to levy charges at Rs.460.28 per 8 hours equal to Rs.1,380.84 per day on the basis of the order passed by this Court in the case of MV. ELINI which was the subject matter of this Court's Judgment dated 11.9.2004 passed in Original Side Appeal No.108 of 2004 filed against the order passed in Application No.361 of 2004 in C.S.No.97 of 1997. The Deputy Conservator, Chennai Port Trust by his proceedings dated 18.6.2010 refused to accept the plea for levy of Berth Hire Charges at the rate of Rs.460.28 per 8 hours and stated that the petitioner should pay charges on the basis of rates applicable to commercial vessel in respect of berth hire charges. This order is under challenge.