This matter is listed before this Court today by way of lunch motion under the caption "for maintainability".
2. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the first respondent.
3. The petitioner seeks for a mandamus directing the first respondent not to deliver and discharge raw cashew nut in shell to the 2nd respondent herein from Tuticorin Port in Vessel & Voyage No.MSC GABRIELLA V WG714R (in connection with bill of lading No.MSCUTE201193).
4. A perusal of the affidavit filed in support of the writ petition and the submissions made by the learned counsel for the petitioner would undoubtedly indicate that it is a pure and simple civil dispute between the petitioner and the second respondent claiming to be a buyer and seller respectively, in pursuant to the high sea sales said to have taken place on 12.05.2017. Absolutely, there is no statutory obligation vested on the first respondent as sought for by this petitioner in this writ petition, when the parties have to resolve their dispute only before the competent civil forum. Therefore, this Court is of the considered view that this writ petition is totally misconceived and thus not maintainable and consequently, the Registry has rightly raised the issue of maintainability. Thus, this matter is dismissed at the SR stage, as not maintainable, however by granting liberty to the petitioner to agitate the matter before the competent Civil Court, as this Court is not expressing any view on the merits of the matter. No costs.
09.06.2017 Speaking/Non Speaking Index : Yes/No mk K.RAVICHANDRABAABU,J.
mk To The Chairman Port Trust, Tuticorin.
W.P.SR.56152 of 2017 09.06.2017