High Court Kerala High Court

Kariyapilly Hamza Koya Anwer … vs The Chairman on 25 July, 2008

Kerala High Court
Kariyapilly Hamza Koya Anwer … vs The Chairman on 25 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26939 of 2005(F)


1. KARIYAPILLY HAMZA KOYA ANWER SADATH,
                      ...  Petitioner

                        Vs



1. THE CHAIRMAN, COCHIN PORT TRUST,
                       ...       Respondent

2. THE COMMISSIONER OF CUSTOMS,

                For Petitioner  :SRI.SUNNY VARGHESE

                For Respondent  :SRI.ANTONY DOMINIC

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :25/07/2008

 O R D E R
                        KURIAN JOSEPH, J.
               ---------------------------------------
                   W.P.(C) No.26939 OF 2005
               ---------------------------------------
             Dated this the 25th day of July, 2008.


                         J U D G M E N T

Challenge is on Exhibit P15 order. There is no dispute that

it is an appealable order. The contention is that no particular

reason is stated in the order as to why the petitioner is

discriminated. That itself is a good ground for the petitioner to

pursue in appeal.

2. In the peculiar facts and circumstances of this case, the

ancillary grievance regarding demurrage also shall be looked into

by the appellate authority. Therefore, this writ petition is

disposed of as follows:

In the event of the petitioner pursuing the remedy of appeal

within a period of two months from today, the same shall be

treated to have been filed in time. Thereafter, the appellate

authority will look into the matter with notice to the petitioner

and appropriate orders, adverting to the contentions taken by the

petitioner, shall be passed within another three months.

KURIAN JOSEPH, JUDGE.

smp

KURIAN JOSEPH, J.

W.P.(C) No. 26939 OF 2005

J U D G M E N T

25.07.2008