IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 OP.No. 2527 of 1996(A) PETITIONER: ------------------- M/S.SOUTH INDIA CORPORATIO (AGENCIES) LTD., COCHIN-3, REPRESENTED BY BRANCH SUPERINTENDENT. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SMT.SHAHNA KARTHIKEYAN RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF SURFACE TRANSPORT, TRANSPORT WING, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI. 2. THE BOARD OF TRUSTEES OF THE PORT OF COCHIN, REPRESENTED BY ITS CHAIRMAN, COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-3. 3. TRAFFIC MANAGER, COCHIN PORT TRUST, WILINGDON ISLAND, COCHIN-3. 4. THE FINANCIAL ADVISER AND CHIEF ACCOUNTANTS OFFICER, COHIN PORT TRUST, WILLINGDON ISLAND, COCHIN - 682 009. BY ADV. SRI.A.K.JAYASANKAR NAMBIAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A P P E N D I X PETITIONER'S EXHIBITS: Ext.P1: True copy of spot enquiry dtd.1.3.91. Ext.P2: True copy of F.I.R. from the Wharf Superintendent dtd. nil, received on 4.3.1991. Ext.P3: True copy of letter from R3 to the petitioner dtd.18.3.91. Ext.P4: True copy of letter dtd.23.3.91 from the petitioner to the Addl.Traffic Manager of the Cochin Port Trust. Ext.P5: True copy of survey report dtd.20.1.92 of the Kammath and 'D' Abreo. Ext.P6: True copy of letter along with the Bill from the Cochin Port Trust to the petitioner dtd.1.2.96. RESPONDENTS' EXHIBITS: Ext.R3(a): True copy of the letter sent by the 4th respondent to the petitioner dtd.20.6.96. Ext.R3(b): True copy of the letter sent by the Wharf Superintendent to the petitioner dtd.5th March, 1991. Ext.R3(c): True copy of the letter sent by the Wharf Superintendent to the petitioner dtd.7.3.1991. Ext.R3(d): True copy of the letter sent by the Wharf Superintendent to the petitioner dtd.7.3.1991. Ext.R3(e): True copy of the report of the joint enquiry conducted on 4.3.1991. -true copy- P.A.to Judge. V.K.MOHANAN, J. --------------------------------------------- O.P.No. 2527 of 1996 - A --------------------------------------------- Dated this the 21st day of May, 2009 J U D G M E N T Both counsel for petitioner as well as respondents are not in dispute that the identical matter was decided by a Division Bench of this Court as per the decision reported in W.H.D'Cruz & Sons v. Board of Trustees of the Port of Cochin [2009(1) KLT 494] by which this Court, while dismissing a batch of cases, had confirmed the decision of the learned Single Judge and held that the Single Judge was right in relegating the dispute to be decided in a properly constituted civil suit at the instance of the petitioner. In the light of the above decision of the Division Bench of this Court, this writ petition is dismissed. V.K.Mohanan, Judge MBS/ V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. 2527 OF 1996 -------------------------------------------- J U D G M E N T DATED: 21-5-2009