K. RAVINDRAN Vs. TRAFFIC MANAGER ADMINISTRATIVE OFFICE

JUDGEMENT

(1.) The challenge raised in these appeals is the same to that which was raised in W.A.No.4296 of 2019. The said Writ Appeal was disposed of by us on 13.12.2019 by passing the following order:-

(2.) The appellant contends that the learned Single Judge granted stay from dispossession and has also observed that the appellant is liable to pay penal licence fee for the occupation. It is this part by which, the appellant is aggrieved and hence the writ appeal is against the interim order passed in WMP No.27058 of 2019 in W.P.No.27571 of 2019 dated 30.09.2019.

(3.) Leaned counsel for the appellant has invited the attention of this Court to the judgment of the Division Bench of this Court in W.A.Nos.3746, 3754 and 3623 to 3628 of 2019 dated 20.11.2019 (M/s Hexxon Maritine Services and others vs The Chairman, Chennai Port Trust and another), where, apart from reducing the payment of 50% of the penal licence fee, the Division Bench has however made certain observations directing the Chennai Port Trust to complete fresh e- Auction Tender process within a period of three months so that the appellant will not be compelled to pay the penal licence rent, as there cannot be any impediment for Chennai Port Trust in conducting fresh e-auction even with the temporary structures as the interest of both the parties viz., Chennai Port Trust and the erstwhile lessees in this regard is protected by way of Clause 11.3(c) of the Amended Land Policy Guidelines, Major Ports, 2014. The appellant prays that similar order may also be passed in the present appeal.