Judgment :- 1. M.P.No.3 of 2010 filed praying to modify the order dated 3.11.2010 passed in M.P.No.2 of 2010 is listed today. 2. By consent of both parties, the writ petition is taken up for final disposal. 3. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Letter Reference No.S2/1166/2007/M, dated 18.6.2010, quash the same and consequently direct the respondent to fix the berth hire charges at Rs.1,380.84 per day with effect from 29.4.2010 for the dead Vessel M.V.San Giorgio 1 and to adjust from and out of the amount of Rs.16,32,300/- already paid by the petitioner the correspondingly due sum towards berth hire charges and to refund the excess amount to the petitioner. 4. The short question arises for consideration in this case is whether the Chennai Port Trust is entitled to levy berth hire charges as applicable to commercial vehicles or charges leviable in the case of dead vessel meant for scraping. 5. Petitioner in this case has purchased a dead vessel by name M.V.San Giorgio 1 while the vessel was berthed in Chennai Port Trust. The fact that the vessel has been declared as dead vessel meant for scraping is not in dispute. For the purpose of taking the vessel out of Chennai Port Trust, petitioner has to comply with certain formalities, like getting clearance from the Director General of Shipping and Indian Registrar of Shipping, besides other formalities. In the meanwhile, petitioner by letter dated 14.6.2010 requested the Chairman, Chennaii Port Trust to levy charges at Rs.460.28 per 8 hours equal to Rs.1,380.84 per day on the basis of the order passed by this Court in the case of MV. ELINI which was the subject matter of this Courts Judgment dated 11.9.2004 passed in Original Side Appeal No.108 of 2004 filed against the order passed in Application No.361 of 2004 in C.S.No.97 of 1997. The Deputy Conservator, Chennai Port Trust by his proceedings dated 18.6.2010 refused to accept the plea for levy of Berth Hire Charges at the rate of Rs.460.28 per 8 hours and stated that the petitioner should pay charges on the basis of rates applicable to commercial vessel in respect of berth hire charges. This order is under challenge. 6. Heard Mr.Muthukumarasamy, learned senior counsel appearing for the petitioner and Mr.V.J.Mathew, learned counsel appearing for the respondent Port Trust. 7. This order is under challenge. 6. Heard Mr.Muthukumarasamy, learned senior counsel appearing for the petitioner and Mr.V.J.Mathew, learned counsel appearing for the respondent Port Trust. 7. There is no dispute in this case that the vessel is dead vessel berthed at the Chennai Port Trust. The question of levying berth hire charges at the rates applicable to commercial vessel in respect of dead vessel meant for scrapping was considered by this Court in O.S.A.No.108 of 2004 by order dated 11.9.2004. In that case in respect of the dead vessel M.V.ELENI, the dispute arose as to whether the berth hire charges are leviable as applicable to commercial vessel. The learned single judge of this Court inter alia relying upon the scale of rates prescribed at Vishakapattinam Port Trust held that the berth hire charges should be charged as applicable to the dead vessel or vessel meant for scrapping at the scrapping yard. This Court in that decision came to conclusion that Chennai Port Trust did not have a specific rate for the same and therefore, the rates specified by Vishakapattinam Port Trust was made applicable. The Port Trust went on appeal. In appeal the order of the learned single Judge was confirmed and while doing so, the Division Bench clearly held that the Chennai Port Trust had notified the rates prescribed by Vishakapattinam Port Trust in respect of Berth Hire Charges for vessel meant for scrapping and the same has to be applied. 8. It is an admitted fact that there is no scrapping yard at Chennai Port Trust and consequently, the Berth Hire Charges were not made applicable for dead vessel or vessel meant for scraping. It is for this reason, the Chennai Port Trust following the rates prescribed by Vishakapattinam Port Trust and notified Berth Hire Charges for dead vessel or vessel meant for scrapping. This apparently is the pith and substance of the orders passed by the Division Bench in O.S.A.No.108 of 2004. The relevant portion reads as follows:- "4. In the light of several earlier proceedings and of the fact that on the orders of this Court the vessel is to be broken into various pieces, we are of the view that it is unnecessary to refer all those details. The relevant portion reads as follows:- "4. In the light of several earlier proceedings and of the fact that on the orders of this Court the vessel is to be broken into various pieces, we are of the view that it is unnecessary to refer all those details. The only question and the issue raised according to the appellants Chennai Port Trust is that the learned single Judge committed an error in holding that the vessel is a dead vessel and fixing rate at Rs.460.28 paise per 8 hours as berth hire charges based on the rate fixed by Vishakapattinam Port. It is not in dispute that it is a scrap vessel sold pursuant to the orders of this Court. In such a circumstance, it is not clear how the Port Trust treating the vessel as a commercial vessel berthed in a commercial berth and claim special rate applicable to commercial vessels. In the light of the factual position and in the absence of specific rate with regard to vessel of this nature, we are of the view that the learned Judge is perfectly right in applying the rate fixed and being followed by Vishakapattinam Port. 5. In this regard the learned senior counsel appearing for the respondent has brought to our notice the VPT Scale of Rates (TAMP Approved Tariff), which is applicable and binding on all the Ports in India, wherein the said Authority has fixed the rate for scrapping vessel lying in water at scrapping yard at the rate of Rs.460.28. The above information is available in Sl.No.6 of the VPT Scale of Rates. It is also brought to our notice that on earlier occasion, the Chennai Port Trust has applied and followed the rates prescribed by the Vishakapattinam Port Trust and the same was notified by the Chairman of the Chennai Port. The said particulars are also available at pages 2 and 3 of the additional typed set of papers filed on the side of the respondent. The learned senior counsel has also placed copy of the proceedings of the High Court of Bombay passed in Ordinary Original Civil Jurisdiction Suit No.4917 of 1997, which is also applicable to the case on hand. Apart from the above materials, it is also brought to our notice that the respondent has also obtained clearance from Tamil Nadu Pollution Control Board on payment of necessary charges due to them. Apart from the above materials, it is also brought to our notice that the respondent has also obtained clearance from Tamil Nadu Pollution Control Board on payment of necessary charges due to them. 6. In the light of the materials referred to above, particularly placed at the instance of the respondent and of the fact that the vessel in question is a dead vessel and it is to be scrapped pursuant to the orders of this Court, in the absence of specific rate applicable to vessel of this nature, we are of the view that the learned Judge is right in adopting and applying the rate fixed by the Vishakapattinam Port." (emphasis supplied) 9. In the present case also, the Chennai Port Trust is not entitled to charge berth hire charges as applicable to commercial vehicle as they have already notified the berth hire charges applicable to the dead vessel and vessels meant for scrapping on the basis of the rates fixed by the Vishakapattinam Port Trust. When such notification is in force the respondent port trust cannot charge the rates applicable to commercial vessels. The respondent cannot take a different view in this matter, in view of the application of the notified tariff of Vishakapattinam Port Trust which is made applicable to all Port Trust. The earlier decision is binding on the respondent. 10. In the result, the Writ Petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petitions are closed.