IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 4270 of 2011(G) ------------------------- PETITIONERS: --------------- 1. MASCOM STEEL (INDIA) PVT.LTD.,IDA, ERUMATHALA, ALUVA-683112, REPRESENTED BY ITS GENERAL MANAGER MR.SURENDRAN.K.V. 2. SUPRIME STEEL INDUSTRIES, KUTTAMASSERY, ALUVA-683112, REPRESENTED BY ITS MANAGER. BY ADV. MR. P.R.VENKETESH RESPONDENTS: --------------- 1. COCHIN PORT TRUST, REPRESENTED BY ITS CHAIRMAN, WILLINGTON ISLAND, COCHIN-682003. 2. THE SECRETARY, COCHIN PORT TRUST, WILLINGTON ISLAND, COCHIN- 682003. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, CENTRAL SECRETARIAT NEW DELHI-110001. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5. COCHIN THURAMUGHA THOZHILALI UNION REPRESENTED BY ITS GENERAL SECRETARY-682003. 6. THE REGIONAL JOINT LABOUR COMMISSIONER, COCHIN-3. 7. K.J.MAXI, GENERAL SECRETARY, CITU, WILLINGTON ISLAND, COCHIN-682003. 8. R.REGHURAJ, GENERAL SECRETARY,BMS, WILLINGTON ISLAND, COCHIN-682003. 9. M.JAMAL KUNJU, GENERAL SECRETARY, INTUC, WILLINGTON ISLAND, COCHIN-682003. :2: 10. B.HAMZA, GENERAL SECRETARY, CITU, WILLINGTON ISLAND, COCHIN-682003. 11. SHAJI, PUTHALATHU, GENERAL SECRETARY, INTUC, WILLINGTON ISLAND, COCHIN-682003. 12. T.R.DEVAN, GENERAL SECRETARY, BKS, WILLINGTON ISLAND, COCHIN-682003. 13. T.K.SHABUB, GENERAL SECRETARY, AITUC, WILLINGTON ISLAND, COCHIN-682003. 14. STEAMER AGENTS ASSOCIATION REPRESENTED BY ITS SECRETARY, WILLINGTON ISLAND, COCHIN-682003. 15. UNITED STEVEDORES ASSOCIATION REPRESENTED BY ITS SECRETARY, WILLINGTON ISLAND, COCHIN- 682003. 16. CARAVEL LOGISTICS PVT.LTD., 1ST HOUSE, LAKSHMI HOUSE, K.P.K.MENON ROAD, WILLINGTON ISLAND, COCHIN-3. 17. TRANS ASIAN SHIPPING SERVICES PVT.LTD., BBTC BUILDING, GROUND FLOOR, SUBRAMANNIAM ROAD, WILLINGTON ISLAND, COCHIN-3. 18. ALBRATOSS SHIPPING LIMITED (COCHIN & COIMBATORE) TRANSWORLD HOUSE, 5TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. 19. JAMES MAKINTOSH & CO.PVT.LTD., DARRAGH SMALL CENTRE, 5TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. 20. IAL SHIPPING AGENCIES, 3B, 3RD FLOOR, DARRAGH SMALL CENTRE, 5TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. R1 AND R2 BY MR. E.K. NANDAKUMAR, SC FOR COCHIN PORT TRUST R3 MR. MR. T. P. M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL R5 SENIOR GOVERNMENT PLEADER P.N. SANTHOSH BY ADV. MR. B.S. KRISHNAN (SENION ADVOCATE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4270 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of February, 2011 JUDGMENT The petitioner has approached this Court with the following prayers. a) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to take immediate steps for release of the containers, details of which are furnished in Exhibits P1 and P2, forthwith without insisting for any port demurrage as well as line demurrages; and b) issue such other or further orders as this Hon'ble Court may deem just and fit in the circumstances of the case. 2. When the matter is taken up for consideration, it is brought to the notice of this Court that, the 'strike' called on by the concerned trade unions in the Cochin Port Trust area has already been called off, pursuant to the intervention made by this Court giving appropriate orders in W.P. (C) Nos. 3507 and 3774 of 2011. 3. In the said circumstances, the learned counsel for the petitioner submits that the petitioner does not intend to press the reliefs sought for in the present writ petition and that the petitioner might be permitted to withdraw the same, with liberty to approach this Court, as and when necessitated. Accordingly, this Writ Petition is dismissed as withdrawn, reserving the rights and liberties as above. P. R. RAMACHANDRA MENON, JUDGE kmd