IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 14317 of 2008(D) -------------------------- PETITIONER: ------------------- M/S.ULTRATECH CEMENT LIMITED 39/4013, 8TH FLOOR, OXFORD BUSINESS CENTRE SREEKANDATH ROAD, RAVIPURAM, ERNAKULAM KOCHI-16, REPRESENTED HEREIN BY ITS JOINT EXECUTIVE PRESIDENT, RAJEEV MEHTA. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.P.GOPINATH RESPONDENTS: ----------------------- 1. THE COCHIN PORT TRUST,REPRESENTED BY ITS SECRETARY, WILLINGTON ISLAND, KOCHI -682 009 2. THE DEPUTY SECRETARY (ESTATES) COCHIN PORT TRUST,WILLINGTON ISLAND,KOCHI -682 009 BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1- TRUE COPY OF THE LETTER OF ALLOTMENT BEARING NO.EM2/L/63/SR/2001 DATED 20-3-2001 ISSUED BY THE 2ND RESPONDENT TO M/S.L&T. EXT.P2- TRUE COPY OF THE LETTER DATED 21-7-2004 FROM THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3- TRUE COPY OF THE LETTER BEARING NO.EM2/L/66/L&T/2001 DATED 13-1-2005 FROM THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4- TRUE COPY OF THE LETTER DATED 28-3-2005 FROM THE PETITIONER TO THE FIRST RESPONDENT. EXT.P5- TRUE COPY OF THE LETTER BEARING NO.EM2/L/66/L&T/2001 DATED 28-12-2005 FROM THE FIRST RESPONDENT TO THE PETITIONER. EXT.P6- TRUE COPY OF THE LETTER DATED 19-9-2006 FROM THE PETITIONER TO THE ESTATE MANAGER, COCHIN PORT TRUST. EXT.P7- TRUE COPY OF THE LETTER BEARING NO.EM2/L/66/L&T/2001 DATED 4-7-2007 FROM THE SECOND RESPONDENT TO THE PETITIONER. EXT.P8- TRUE COPY OF THE LETTER DATED 17-8-2007 FROM THE PETITIONER TO THE SECOND RESPONDENT. EXT.P9- TRUE COPY OF THE LETTER BEARING NO.EM2/L/66/L&T/2001 DATED 6-10-2007 FROM THE FIRST RESPONDENT TO THE PETITIONER. EXT.P10- TRUE COPY OF THE LETTER DATED 26-10-2007 FROM THE PETITIONER TO THE FIRST RESPONDENT. EXT.P11- TRUE COPY OF THE LETTER DATED 31-12-2007 FROM THE PETITIONER TO THE FIRST RESPONDENT. EXT.P12- TRUE COPY OF THE LETTER BEARING NO.EM2/L/66/L&T/2001 DATED 18-4-2008 FROM THE FIRST RESPONDENT TO THE PETITIONER. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.14317 of 2008 ================================== Dated this the 10th day of July, 2008. JUDGMENT Petitioner states that it is the successor-in- interest of M/s.Larsen & Toubro Ltd., which successfully participated in a tender floated by Cochin Port Trust for leasing land in the Port area for setting up certain facilities. There are lot of controversies on facts between the parties as to whether M/s.L&T had carried out its obligations in terms of the entrustment and whether either that company or the petitioner in terms of its merger or de-merger going by the orders of the High Court of Judicature, Bombay is entitled to say that they cannot be visited with the consequences contained in the impugned Ext.P12. 2. Having heard the learned senior counsel for the parties, I am satisfied that the question WPC14317/08 -:2:- in hand requires that the petitioner is given an opportunity of pre-decisional hearing before finally concluding against it, having particular regard to the commercial interest of both the petitioner and the Cochin Port Trust as projected on either side. It is also apparent that the impugned decision could be treated as a show cause notice, particularly when the competent authority in the Cochin Port Trust, namely, its Chairman could hear the petitioner or representative at the earliest and exclude any further delay in concluding on the issue inter se the petitioner and the first respondent. 3. To aid the process as aforesaid, it is directed that the impugned Ext.P12 shall be taken as a show cause notice to which the petitioner shall reply in writing. Petitioner will be given an opportunity of hearing and the matter would be decided upon by the Chairman appropriately. In the WPC14317/08 -:3:- circumstances, it is directed that the petitioner shall make its appearance and place materials at 10 a.m. on 17-7-2008. Leaving all other issues upon, this writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.