K.A.SWAMI, C.J. - (1.) This appeal is preferred against the order dated 24-12-1993 passed by the learned single Judge, dismissing W.P. No. 2397 of 1995 (sic) in which the validity of Circular No. 9 / 85, dated 6-2-1985 (sic) issued by respondent was challenged.
(2.) Learned single Judge has held that as the respondent had not undertaken to run the services to clear the goods, it was not responsible to take over the charge or agreed to handle the goods. Learned single Judge has stated in categorical term, thus :--"No material was produced to show that the Port Trust, in the cases before me, have undertaken to take over the charge or agreed to handle the goods and provide services of this nature for delivery on landing for the discharge of the cargo."
(3.) Circular No. 9/85, dated 6-12-1985 (sic) is as follows:-Sub: Cargo - Imports - Landing of Logs Ex. Andaman Vessols - Declaration of free days - Amendment - regarding -Further to this Office Circular Letters of even No. dated 31-7-1984 and 24-9-1984 it is informed that free days in respect of vessels bringing in logs of Timber will be declared in three stages as under :-1. First general landing date will be fixed on landing about 33-1 / 3 (One third) of the manifested quantity.2. Second general landing date will be fixed on landing subsequent to 33-1 / 3 (i.e., on landing of 2/ 3) of the manifested quantity.3. Third general landing date will be fixed on completion of remaining 33-1 / 3 (i.e. on completion of landing) of the manifested quantity.The Board has approved the implementation of the above procedure with effect from 29-1-1985.Traffic Manager, Madras Port Trust."The aforestated Circular is issued in furtherance of the earlier Circulars dated 31-7-1984 and 24-9-1984 and the concerned persons are informed that the vessels bringing in logs of timbers will be declared in three stages. First General landing date will be fixed on landing about 33-1 / 3 (one third) of the manifested quantity. Second general landing date will be fixed on landing subsequent to 33-1 / 3 (on landing of 2/ 3) of the manifested quantity. Third general landing date will be fixed on completion of remaining 33-1 / 3 (i.e., on completion of landing) of the manifested quantity. As per the circular the cargos are to be cleared according to the dates fixed by the Port Trust. In the event, it is not cleared, the provisions of Section 42 of the Major Port Trusts Act, 1963 (hereinafter refered to as 'the Act') will come into play and the Board will be entitled to deal with the person and cargo as per the provisions contained in the said section.;