V. APPALANARAASIMHAM Vs. THE VISAKHAPATNAM PORT

JUDGEMENT

(1.) A writ of certiorari is sought in this case to quash the proceedings of the Secretary, Vizag Port-Trust dated 16-6-1971 and to issue consequential directions to the said Secretary which I need not detail now.

(2.) Sri K. Srinivasmurthy learned counsel for the Viskhapatnam Port-Trust represented by the Secretary raise an objection as to the maintainability of the writ petition. Relying on the following decisions of Division Benches of this court, he contends that no writ can be issued to the Port trust which is a statutory body. They are (1) Writ petition No. 3152 of 1968 dated 9-8-1970 (2)W.A. No. 447 of 1972 dated 12-7-1973 (3) W.A. No 341 of 1972 and W.P. No. 5721 of 1972 dated 24-8-1973 (4) W.P. No. 3319 of 1972 dated 24-10-1973 and (5) W.P. No. 4168 of 1972, dated 3-11-1973.

(3.) Sir Y. Suryanarayana learned counsel for the petitioner endeavours to surmount this difficulty by relying on a decision of the Supreme Court reported in Sirsi Municipality v. C.K.F. Tellis, AIR 1973 SC 855 the decision of a Division Bench of this court in W.A.No. 151 of 1973 dated 22nd February 1974 and of a learned single Judge dated 14-8-1973 in W.P. No. 5171 of 1972 and at host of other cases decided by other High Courts for contending that all the decision relied on by Sri K. Srinivasamurthy are no more good law in view of the pronouncement of the Supreme Court in Sirsi Municipality's case, A.I.R.1973 S.C.855. In view of this apparent conflict, I am of the opinion Bench. I accordingly refer it to a Division Bench. [In pursuance of the above order the petition come before the bench consisting of Mr. S. Obul Reddi Chief Justice and the Hon'ble Mr. Madhusudan Rao.]ORDER