R SARANGAPANI Vs. PORT TRUST OF MADRAS

JUDGEMENT

(1.) These two petitions filed under Article 226 of the Constitution were heard together, as they raise common questions of law. They originally, came on before one of us, Jagadisan J., who directed them to he posted before a Division Bench, having regard to the importance of the questions raised. The prayer in both the petitions is for the issue of a writ of mandamus or such other writ as this court may think fit to the Board of Trustees of the Port Trust, Madras, calling upon them to forbear giving effect to a resolution passed by the Board on 29-5-1959. The resolution runs thus :

(2.) The Madras Harbour was constructed in or about 1886. In that year, an Act known as the Harbour Trust Act was passed, because it was considered necessary that there should be in existence a body of persons welt acquainted with the affairs of the Harbour, in whom may be vested all powers to maintain and administer all matters relating to the Harbour, and inter alia, to levy tolls, to execute works and make contracts. In 1905, the Madras Port Trust Act replaced the Harbour Trust Act, which was repealed. One of the main reasons for the passing of this Act was that the Harbour Trust Board should be constituted a Port Trust Board. Another object of the Act was to invest the Trust Board with additional powers and privileges in respect of the lending and shipping of goods, pilotage and towing of vessels* provision of pilot boats and tugs, use of docks and piers and other like matters. The preamble to the Act is as follows:

(3.) Section 40 defines the responsibility of the Board for the loss, destruction or deterioration of goods, of which it has taken charge. Section 41-A provides for the relinquishment by the Board, subject to the sanction of the Central Government and to such conditions as the Central Government may prescribe, of the performance of any of the services specified) in Clauses (a) and (b) of Sub-section 1 of Section 39 to an approved person. Such person, however, shall not charge or recover for such service any sum in excess of the amount leviable according to the scale framed under Section 42, Section 43 or Section 43-A, If such service were formed by the Board. Notwithstanding such relinquishment, the Board may charge dues according to the scales laid down in the aforesaid sections for the use of its works or appliances or for other services connected with that which has been relinquished. Section 41 enjoins on the person to whom any, or all of the services under Clauses (a) and (b) of Sub-section. 1 of Section 39 has or have been relinquished under Section 41-A the duty to perform, if so required by the owner, any of the services so relinquished, and, for that purpose, take charge of the goods and give a receipt in the prescribed form. Chapter VI (Section 42 etc.) provides for imposition and recovery of rates and Other miscellaneous matters. Section 25 confers on the Board the power to make by-laws not inconsistent with the provisions of the Act or of the Indian Ports Act, 1908, inter alia "for the reception, porterage, storage and removal of goods brought within the premises of the Board and for the exclusive conduct of these operations by the Board or persons employed by the Board." No by-law shall have effect until the same is approved by the Central Government