Mariapron V vs Union Of India
2021 Latest Caselaw 4897 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                       WP(C).No.2004 OF 2021(A)


PETITIONER:

               MARIAPRON V.
               AGED 48 YEARS
               S/O VINCENT,RESIDING AT TC 75/1059, POONTHURA.P.O,
               THIRUVANANTHAPURAM, 695026,
               WORKING AS ASST.ENGINEER (MARINE)
               PORT OFFICE, NEENDAKARA, KOLLAM.

               BY ADVS.
               SRI.V.M.SYAM KUMAR
               SMT.P.F.ROSY
               SMT.SNEHA RAJIV

RESPONDENTS:

      1        UNION OF INDIA
               REPRESENTED BY THE MINISTRY OF SHIPPING,
               1ST FLOOR PRESS TRUST OF INDIA BUILDING,
               PARLIAMENT STREET, NEW DELHI-110001,
               REPRESENTED BY ITS SECRETARY.

      2        DIRECTOR OF GENERAL OF SHIPPING,
               DIRECTORATE GENERAL OF SHIPPING,
               9TH FLOOR BETA BUILDING, KANJURMARG(EAST),
               MUMBAI-400042.

      3        ASST. DIRECTOR OF GENERAL OF SHIPPING,
               DIRECTORATE GENERAL OF SHIPPING, 9TH FLOOR,
               BETA BUILDING, KANJURMARG(EAST),MUMBAI-400042.

      4        DIRECTOR OF PORTS,
               VALIYATHURA, VALLAKADAVU.P.O,
               THIRUVANANTHAPURAM - 695008,
               NOW REPRESENTED BY THE CHIEF EXECUTIVE OFFICER,
               KERALA MARITIME BOARD.

      5        KERALA MARITIME BOARD,
               DIWAN TOWER,39/4695, KARIMPATTA ROAD,
               PALLIMUKKU, KOCHI, KERALA-682016,
               REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
 WP(C).No.2004 OF 2021

                                2

       6      PRINCIPAL SECRETARY TO GOVERNMENT,
              FISHERIES AND PORTS(D)DEPARTMENT,
              THIRUVANANTHAPURAM-695008.

              SRI.K.P. SUDHEER SC
              SRI.P.VIJAYAKUMAR, CGC
              SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2004 OF 2021

                                         3




                                 JUDGMENT

Dated this the 10th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to update the Kerala Ports Special Rules,1998, in line with the Ext.P2 and P3 issued by the 2nd and 3rd respondents

ii) Direct the 5th respondent to expeditiously consider and act upon Ext.P9 representation preferred by the petitioner"

2. Heard the learned counsel for the petitioner, the learned

Standing Counsel appearing for the 5th respondent, the learned

Central Government Counsel and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has submitted Ext.P9 representation before the 5 th

respondent seeking an updation of the Kerala Ports Special Rules,1998,

in terms of Exts.P2 and P3.

4. The learned Standing Counsel appearing for the 5th respondent

submits that Ext.P9 representation, which is pending before the CEO

of the Board, will be considered without delay. WP(C).No.2004 OF 2021

5. There will, accordingly, be a direction to the 5 th respondent to

take up, consider and pass orders on Ext.P9 representation preferred

by the petitioner within a period of two months from the date of

receipt of a copy of this judgment. The contentions of the petitioner

on the strength of Exts.P2 and P3 shall also be considered while

passing orders as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2004 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SPECIAL RULES FOR KERALA PORT SERVICE,1998 PUBLISHED IN THE KERALA GAZETTE (EXTRAORDINARY)VOL.43 NO.1843 DTD.09.11.1998

EXHIBIT P2 A TRUE COPY OF THE CIRCULAR NO.MSL-1(2)/95-

11 DTD.27.12.2007,ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ENGINEERING CIRCULAR BEARING NO.EN/DIS-18(3)/2012 DATED 09/12/2015 ISSUED BY THE DY.CHIEF SURVEYOR OF THE MINISTRY OF SHIPPING,GOVERNMENT OF INDIA

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 12.10.2012, PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DTD.03.03.2014, NO.B1-5768/2012 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DTD. 18.07.2019 BEARING NO.B1-1731/19 ISSUED BY THE PORT OFFICER OF NEENDAKARA TO THE CEO/DIRECTOR OF PORTS,THIRUVANANTHAPURAM

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 1.08.2019 PREFERRED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 5TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DTD.

21.10.2020 PREFERRED BY THE PETITIONER BEFORE THE CHIEF EXECUTIVE OFFICER OF THE 5TH RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DTD.

18.08.2020 PREFERRED BY THE PETITIONER TO THE 5TH RESPONDENT

EXHIBIT P10 COPY OF THE MINIMUM SAFE MANNING DOCUMENT DTD.11.10.2006 BEARING NO.15-SY(54)ISSUED BY THE PRINCIPAL OFFICER MERCANTILE DEPARTMENT,KOCHI FOR THE SHIP M.T.PADMASREE WP(C).No.2004 OF 2021

EXHIBIT P11 TRUE COPY OF THE MINIMUM SAFE MANNING DOCUMENT DTD.01/07/2015 BEARING NO.MMD/ MUMBAI/2015/155 ISSUED BY THE PRINCIPAL OFFICER MERCANTILE MARINE DEPARTMENT,MUMBAI FOR THE SHIP M.T.MALABAR

EXHIBIT P12 TRUE COPY OF THE MINIMUM SAFE MANNING DOCUMENT DTD.01/04/2013 BEARING NO.4- SY(1520 2132 ISSUED BY THE PRINCIPAL OFFICER MERCANTILE MARINE DEPARTMENT,MUMBAI FOR THE SHIP KERALAM

EXHIBIT P13 TRUE COPY OF CERTIFICATE DTD.16.01.2006 BEARING NO.15-SY(54)1432 ISSUED BY THE SURVEYOR IN CHARGE OF THE MERCANTILE MARINE DEPARTMENT UNDER THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL