M. Arockiarajan, v. The Nautical Adviser,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.30484 of 2005 M.Arockiarajan

...Petitioner

vs.

1.

The Nautical Adviser, O/o.The Directorate General of Shipping, Jahaz Bhavan, Ballard Estate, Mumbai -1.

2.

The Deputy Nautical Adviser - cumSenior Deputy Director General of Shipping (Technical), O/o. The Directorate General of Shipping, Jahaz Bhavan, Ballard Estate, 3.

The Principal Officer, Chief Examiner Master & Mates, M.M.D, Chennai 600 001.

4.

The Director General of Shipping, Jahaz Bhavan, Bhallard Estate,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to Ms Notice No.24/03 issued by the Fourth Respondent (obtained from website) insofar as it restricts the Area of operation to not more than 20 miles from the base port in respect of Master of Foreign Going Ships (Restricted) (as mentioned in Page No.4 Serial No.2(5) and Order No.3-NT(19)/2002 dated 07.01.2005 and Order No.3-NT(19)/2002Vol.I dated 04.02.2005 of the Second Respondent and quash the same and directing the Respondents 1 to 4 to issue a revised Certificate of Competency to the petitioner as Master of a Foreign Going Ship (Restricted) by permitting the petitioner to operate on vessels upto less than 500 GT in the entire tropical waters between parallels of 23 Degree North to 23 Degree South

including Arabian/Persian Gulf, West African Waters, Gulf of Oman, Red Sea and such entire area where the MS Notice has effect; for operation in support, standby, survey, research, seismic and Oceanographic Vessels with Radio communication; to sail beyond 20 nautical miles from the base port. For Petitioner : Mr.Bheru Singh for M/s.P.V.S.Giridhar Associates For Respondents 1 to 3 : Mr.K.Raja, Central Govt. Standing Counsel

O R D E R

When the matter was taken up for hearing, learned counsel for the Petitioner submitted that, he has no instructions from his client and that, the matter may be closed.

2. Recording the said submissions of the learned counsel for the Petitioner, this Writ Petition is closed. In case, the Petitioner is aggrieved, it is open to him to re-open the case within a period of one year from today. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar (aeb/jas) To:

1.The Nautical Adviser, O/o.The Directorate General of Shipping, Jahaz Bhavan, Ballard Estate, Mumbai -1.

2.The Deputy Nautical Adviser - cumSenior Deputy Director General of Shipping (Technical), O/o.The Directorate General of Shipping, Jahaz Bhavan, Ballard Estate, 3.The Principal Officer, Chief Examiner Master & Mates, M.M.D, Chennai 600 001.

4.The Director General of Shipping, Jahaz Bhavan, Bhallard Estate, W.P.No.30484 of 2005 SKS(CO) KKV/27/08/2020