Sri Meenakshi Fiseries Private Limited, represented by its Managing Director, S. Venugopal v. Madras Port Trust represented by its Chairman, Chennai and another
2001-09-25
P.D.DINAKARAN
body2001
DigiLaw.ai
ORDER: The petitioner seeks for the issue of a writ of mandamus directing the respondents not to insist on the payment of arrears without rectifying the problems/ grievances to enable the petitioner to pay the amounts after rectification of problems/ grievances in respect of shed in plot No.55 situated at Fishing Harbour within the Madras Port Trust premises by supplying adequate good water and the required voltage of power supply to enable the petitioner to run the Ice Plant effectively. 2. Admittedly, the petitioner resists the demand of a sum of Rs.57,62,437 towards the arrears of electricity charges which is already paid by the respondent Port Trust for the electricity availed by the petitioner, pursuant to an agreement No.11/88 dated 5.12.1988 entered into between the petitioner and the respondent Port Trust for supply of electricity for running the Ice Plant in the Fishing Harbour at Plot No.55, Port Trust, Chennai, installed by the petitioner. 3. It is not in dispute that the agreement No.11/88 dated 5.12.1988 is a non-statutory contract entered into between the petitioner and the respondent Port Trust. Even though the learned counsel for the petitioner complains that the respondent Port Trust has not supplied water as per the terms of the said agreement and on account of which, the petitioner had suffered fluctuations in the electricity supplied to them in my considered opinion, the grievances cannot be gone into in the above writ petition under Art.226 of the Constitution of India. Hence, holding that the above writ petition is not maintainable, the same is dismissed. No costs. Consequently, W.M.P. No.7134 of 1998 is also dismissed.