IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 14137 of 2009(J) -------------------------- PETITIONER(S): --------------- K.P.PRASANTH, S/O.K.K.PRAKASHAN, KALLUVEETIL HOUSE, OLD RAILWAY STATION ROAD, KOMBARA, COCHIN-18. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------- THE CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN-682009. BY ADV. SRI.E.K.NANDAKUMAR -STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).14137 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioner imported certain household articles when he came back to his native place, after giving up his job in Saudi Arabia. The goods imported under Ext.P1 bill of lading reached the Cochin Port on 28.8.2008 and the clearing and forwarding agent intimated the petitioner. It seems that the petitioner was held up in Saudi Arabia and was not able to travel to India for want of exit visa. The goods were not released. Therefore, the Customs Authorities intimated the petitioner vide Ext.P4 that unless the goods are not cleared within 7 days, the goods will be treated as abandoned without further reference or intimation. 2. In the meanwhile, the petitioner's wife applied for exemption from payment of demurrage. W.P.(C).14137 of 2009 :: 2 :: This writ petition is filed seeking a direction to the respondent to consider the application for exemption from payment of demurrage. 3. Learned standing counsel for the respondent-Port Trust submits that in terms of Annexure-I guidelines, which is statutory in character, the application for exemption from payment of demurrage can be considered in terms of Clause 2 or in terms of Clause 10 of Annexure I. But in both these cases, such a request can be considered by the Board of Trustees by way of remission, that too after payment of demurrage. The petitioner prays for a direction to consider the prayer for release of the goods even without demurrage. 4. When the statutory rules contemplates an application for exemption or waiver of payment of demurrage, only after payment of the same in the first instance, this court would not be able to direct the respondent to consider the same de hors the rules. W.P.(C).14137 of 2009 :: 3 :: Accordingly, the writ petition is disposed of holding that the request made by the petitioner's wife for exemption from payment of demurrage shall be considered in accordance with law. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge