IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 8237 of 2010(D) ------------------------- PETITIONER: --------------- M/S.AJIT SPICES, P.B.NO.319, INDIAN CHAMBER ROAD, MATTANCHERRY, KOCHI-682 002, REPRESENTED BY ITS PARTNER MR.NILESH D.SHAH. BY ADV. SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH RESPONDENTS: --------------- 1. THE CHAIRMAN & ESTATE OFFICER, COCHIN PORT TRUST, WILLINGDON ISLAND, KOCHI-682 003. 2. THE DEPUTY SECRETARY (ESTATE), COCHIN PORT TRUST, WILLINGDON ISLAND, KOCHI-682 003. 3. THE ESTATE MANAGER, COCHIN PORT TRUST, WILLINGDON ISLAND, KOCHI-682 003. ADV. SRI.K.ANAND (A.201) STANDING COUNSEL SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.8237 of 2010 --------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT The petitioner is a partnership firm, which carries on the business of general merchants, commission agents and exporters and importers. 2. The petitioner had taken some land on lease from the respondents in the year 1986 for building godown and then constructed a godown in the property. Ext.P1 is the copy of the lease deed dated 6/9/1986, the lease period was upto 18/1/2009 and in exercise of the option under Clause (i) of Ext.P1, the petitioner requested for renewal of lease as per Ext.P2. The 3rd respondent gave a reply as per Ext.P4 informing that they have decided to grant renewal for a period upto 31/12/2002. The terms and conditions were agreed by the petitioner and Ext.P5 is the letter given by way of reply. 3. It is the case of the petitioner that there is a permission to grant sub-lease also. 4. The petitioner is aggrieved by Ext.P8 by which there is a direction to hand over leased premises within 30 days. Ext.P8 letter is issued by the Deputy Secretary WPC.No.8237 of 2010 : 2 : (Estate). The petitioner has given reply as per Ext.P9. Challenging the further actions in the matter, this writ petition has been filed. 5. The learned Standing Counsel for the Port Trust submitted that Ext.P9 will be duly considered by the competent authority without delay. The learned Senior counsel for the petitioner further submitted that during the pendency of the writ petition by another communication dated 23/3/2010 without referring to Ext.P3 the petitioner is directed to vacate and surrender the land. It is submitted that these communications have been issued without considering the renewal of the lease period. Evidently all these are matters for the competent authority to consider. 6. There will be direction to the first respondent to take a decision on Ext.P9 after considering various aspects including Ext.P3 and take appropriate decision within a period of one month. In the meanwhile there will not be any coercive steps against the petitioner. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj