High Court Kerala High Court

K.K.Anilkumar vs The Chief Engineer & … on 22 December, 2010

Kerala High Court
K.K.Anilkumar vs The Chief Engineer & … on 22 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37596 of 2010(Y)


1. K.K.ANILKUMAR, S/O.K.V.KRISHNANKUTTY,
                      ...  Petitioner

                        Vs



1. THE CHIEF ENGINEER & ADMINISTRATOR,
                       ...       Respondent

3. THE BOARD OF TRUSTEES,

2. THE CHAIRMAN, COCHIN PORT TRUST,

4. UNION OF INDIA,

5. A.M.NAUSHAD, MEMBER,

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :22/12/2010

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                       W.P(C) No. 37596 of 2010
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
            Dated this, the 22nd day of December, 2010.

                            J U D G M E N T

Petitioner is a licensee who has taken on licence a premises

from the Cochin Port Trust. The period of licence is due to expire

shortly. The petitioner applied for renewal of the licence. By Ext. P12

minutes of the meeting of the Advisory Committee of Cochin Fisheries

Harbour dated 14.7.2010, a decision has been taken to take over the

premises. The petitioner is aggrieved by the same. The petitioner

submits that before taking that decision, the petitioner has not been

given an opportunity of being heard. He has already filed Ext. P13

representation before the Board of Trustees. He seeks a direction to

the Board of Trustees to consider his application for renewal after an

opportunity of being heard.

2. I have heard the learned standing counsel for the Cochin

Port Trust also.

In the facts and circumstances of the case, I dispose of this writ

petition with a direction to the Board of Trustees of the Cochin Port

Trust-the 3rd respondent herein, to take a decision on Ext. P13, after

affording an opportunity of being heard to the petitioner, before the

petitioner is evicted from the premises.

Sd/- S. Siri Jagan, Judge.

Tds/

[TRUE COPY]

P.S TO JUDGE.