Kerala High Court
Parija Francis vs Union Of India on 11 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:60105
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 25272 OF 2025
PETITIONER:
PARIJA FRANCIS
AGED 47 YEARS
W/O. MICKEL ITTIKUNNATH JOSEPH,
RESIDING AT ARAKKAL HOUSE,
NEAR SUB TREASURY, KADUNGASSERY,
NAYARAMBALAM POST, ERNAKULAM DISTRICT,
PIN - 682509
BY ADVS.
SMT.ANJALY T.A
SRI.RANCE R.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF PORTS, SHIPPING AND WATERWAYS,
TRANSPORT BHAWAN 1,
PARLIAMENT STREET, NEW DELHI,
PIN - 110001
2 THE DIRECTOR GENERAL OF SHIPPING
MINISTRY OF PORTS,
SHIPPING AND WATERWAYS,
BETA BUILDING, 9TH FLOOR,
I-THINK TECHNO CAMPUS,
KANJUR VILLAGE ROAD, KANJURMARG (EAST),
MUMBAI ,MAHARASHTRA., PIN - 400042
2025:KER:60105
WP(C) No.25272 of 2025
2
3 THE PRINCIPAL OFFICER
MERCANTILE MARINE DEPARTMENT, 3RD FLOOR,
SHIPPING HOUSE, 26, MADAME CAMA ROAD,
BALLARD ESTATE, MUMBAI MAHARASHTRA.,
PIN - 400001
4 OIL AND NATURAL GAS CORPORATION LIMITED -
MUMBAI REGION,
REPRESENTED BY ITS EXECUTIVE DIRECTOR 11 HIGH,
NBP GREEN HEIGHTS,
BANDRA-KURLA COMPLEX, BANDRA (EAST),
MUMBAI, MAHARASHTRA, PIN - 400051
5 SHIPPING MASTER
MERCANTILE MARINE DEPARTMENT, 3RD FLOOR,
SHIPPING HOUSE, 26, MADAME CAMA ROAD,
BALLARD ESTATE, MUMBAI ,
MAHARASHTRA., PIN - 400001
6 MARK MARINE SERVICES PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
211/219,5,BHARATI BHAVAN.
OPPOSITE TO ST. GEORGE HOSPITAL
P.D'MELLO ROAD MUMBAI.
MAHARASHTRA., PIN - 400000
7 M/S., SEAWISDOM SHIPPING PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
OFFICE 104/105, SEAWOOD CORNER,
PLOT NO. 19 - A, SECTOR - 25,
NERUL (EAST),
OPPOSITE TO SEAWOOD RAILWAY STATION,
NAVI MUMBAI., PIN - 400706
BY ADV
SRI.RAJAGOPALAN.A., CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:60105
WP(C) No.25272 of 2025
3
JUDGMENT
Dated this the 11th day of August, 2025
The writ petition was filed by the petitioner, who is wife of
Mr. Mickel Ittikunnath Joseph, a 55 year old Indian Seafarer
serving as Chief Officer onboard the Indian-flagged vessel
"THERA" (IMO No. 9351177), docked at Mumbai Port
(Princess & Victoria Docks), seeking urgent relief under Article
226 of the Constitution for his immediate medical
disembarkation and repatriation.
2. The petitioner is suffering from serious health
complications and continues to be retained onboard despite
the vessel's non-compliance with mandatory medical safety
norms, including the absence of essential medicines, in
violation of the Merchant Shipping Act, 1958, the Maritime
Labour Convention, 2006 and Articles 14 and 21 of the
Constitution of India.
2025:KER:60105
3. Despite prior disembarkation of other crew
members on medical grounds, no such action has been taken
for the petitioner's husband, contends the petitioner.
4. When this writ petition came up admission on
09.07.2025, this Court passed an interim order to the following
effect:-
"Admit.
DSGI takes notice for respondents 1, 2, 3 and 5.
Issue urgent notice by speed post as well as e-mail to
respondents 4, 6 and 7.
In the facts of the case and taking note of the
endorsement made in Ext.P4 letter, there will be an
interim order directing respondents 6 and 7 to
disembark the petitioner's husband on medical
grounds. Further engagement of the petitioner's
husband shall be after obtaining medical advice."
5. It is now submitted by the counsel for the petitioner
that pursuant to the interim order dated 09.07.2025, the
petitioner's husband has been disembarked from the Ship.
6. Though notices were issued to respondents 6 and
7, the notices have been returned with endorsements
'unclaimed' and 'left address' respectively.
2025:KER:60105
7. In view of the nature of the relief already granted,
no further orders are necessary in this writ petition, as the
interim order has worked out itself.
The writ petition is, therefore, disposed of confirming the
interim order dated 09.07.2025.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:60105
APPENDIX OF WP(C) 25272/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT/CONTRACT OF
EMPLOYMENT OF SEAFARER ENTERED INTO BY
THE PETITIONER'S HUSBAND MR MICKEL
ITTIKUNNATH JOSEPH AND THE RESPONDENT
COMPANY DATED 07.03.2025
Exhibit P2 TRUE COPY OF THE ARTICLES OF AGREEMENT
FOR EMPLOYMENT OF SEAFARERS BEARING
ONLINE SUBMISSION NO.
SMO(M)2025/390562 ISSUED IN THE NAME
OF PETITIONER'S HUSBAND MR MICKEL
ITTIKUNNATH JOSEPH DATED 07.03.2025
Exhibit P3 TRUE COPY OF THE EMAIL SENT BY THE
SHIPMASTER TO THE RESPONDENT COMPANY
EXPLAINING THE MEDICAL CONCERNS OF
PETITIONER'S HUSBAND DATED 26.04.2025
Exhibit P4 TRUE COPY OF THE WRITTEN SIGN OFF
LETTER SENT BY THE PETITIONER'S
HUSBAND VIA THE SHIPMASTER DATED
28.04.2025
Exhibit P5 TRUE COPY OF THE EMAIL SENT BY THE
SHIPMASTER TO THE AUTHORIZED
PERSONNELS DATED 28.04.2025
Exhibit P6 TRUE COPY OF THE EMAIL SENT BY THE
SHIPMASTER TO THE AUTHORIZED
PERSONNELS DATED 01.05.2025
Exhibit P7 TRUE COPY OF THE EMAIL SENT BY THE
PETITIONER'S HUSBAND VIA THE
SHIPMASTER TO THE FLEET PERSONNEL
MANAGER DATED 24.05.2025
Exhibit P8 TRUE COPY OF THE WRITTEN LETTER ISSUED
BY THE PETITIONER'S HUSBAND THROUGH
THE SHIPMASTER ADDRESSING THE MANAGER,
FLEET PERSONNEL DEPARTMENT OF THE
RESPONDENT COMPANY DATED 04.06.2025
2025:KER:60105
Exhibit P9 TRUE COPY OF THE LEGAL NOTICE DATED
04.07.2025
Exhibit P10 TRUE COPY OF THE FOLLOW UP MAIL SENT
BY THE ADVOCATE DATED 06.07.2025
Exhibit P11 TRUE COPY OF THE AIR LINE TICKET
ISSUED TO THE PETITIONER'S HUSBAND
BEARING AIRLINE PNR NO: T39Q3P
Exhibit P12 TRUE COPY OF THE ULTRASOUND SCAN -
ABDOMEN PERFORMED ON THE PETITIONER'S
HUSBAND DATED 14.07.2025
Exhibit P13 TRUE COPY OF THE CT SCAN KUB PLAIN
PERFORMED ON THE PETITIONER'S HUSBAND
DATED 24.07.2025
