Kesava Sasikumar v. Director General Of Shipping

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Kesava Sasikumar

...Petitioner

Vs

1. Director General of Shipping Government of India, 9th Floor, Beta Building, i-Think Techno Campus, Kanjurmarg East, Mumbai-400 042.

2. The Dean, Madras Medical College and Government Hospital, No.1, E.V.R.Periyar Salai, Park Town, Chennai-600 003.

3. Torm Shipping India Private Limited, 2nd Floor, Leela Business Park, Andheri-Kurla Road, Andheri East, Mumbai-400 059.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to constitute a medical board to assess the petitioner's health condition and fitness for sea service in ship consequent to the injuries sustained the petitioner during the employment with the 3rd respondent vessel and 1/4

directing the 2nd respondent to issue a fit/unfit certificate for sea service in ship determining the percentage of disability occurred so as to enable petitioner either to get compensation as per the agreed terms of CBA with the 3rd respondent or to join the services with the 3rd respondent. For Petitioner : Mr.P.Muthusamy For Respondents : Mr.P.G.Santhoshkumar For R.1 Mr.S.Vasudevan For R.3 No appearance - R.2

ORDER

The limited prayer sought for in this writ petition is to constitute a medical board to assess the petitioner's health condition and fitness for sea service in ship consequent to the injuries sustained by the petitioner during the employment with the 3rd respondent vessel .

2. Learned counsel for the petitioner submits that pending writ petition, the respondents have constituted the Medical Board and had also subjected the petitioner to medical health condition. The Medical Report has also been filed before this Court.

3. Registry is directed to issue a copy of the Medical Report to the 2/4

petitioner along with a copy of this order. Since the grievance of the petitioner has been met, no effective order need be passed. Hence the writ petition stands closed. No costs.

29.03.2023 Index:Yes/No Speaking order/Non-speaking order sr Note: Registry is directed to furnish a copy of the medical report along with the order.

To

1. Director General of Shipping Government of India, 9th Floor, Beta Building, i-Think Techno Campus, Kanjurmarg East, Mumbai-400 042.

2. The Dean, Madras Medical College and Government Hospital, No.1, E.V.R.Periyar Salai, Park Town, Chennai-600 003.

3. Torm Shipping India Private Limited, 2nd Floor, Leela Business Park, Andheri-Kurla Road, Andheri East, Mumbai-400 059.

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M.S.RAMESH, J.

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