The Director General Of Shipping v. Cosmopolitan Technology Of Maritime
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A. Nos. 1211 and 1212 of 2025 and C.M.P. Nos. 9249 and 9255 of 2025
1. The Director General of Shipping The Directorate General Of Shipping, 9th Floor, Beta Building, I Think Techno Campus, Kanjur Marg (East) Mumbai-400 042.
2. The Principal Officer Mercantile Marine Department Anchor Gate Building, 2nd Floor, Rajaji Rd, George Town, Chennai, Tamil Nadu 600001.
Appellant(s) Vs
1. Cosmopolitan Technology of Maritime Rep by its Director N.Vijakumar,Sengadu Village And Post, Manavala Nagar, Sriperumbudur Taluk, Kanchipuram.
Respondent(s)
CMP No. 9255 of 2025
1. The Director General of Shipping Directorate General of Shipping, 9th Floor, Beta Building, I-Think Techno Campus, Kanjurmarg East, Mumbai, Maharashtra - 400 042.
2.The Principal Officer Mercantile Marine Department Anchor Gate Building, 2nd Floor, Rajaji Rd, George Town, Chennai, Tamil Nadu Appellant(s) Vs
1. Cosmopolitan Technology of Maritime Rep By Its Director Mr. N.
Vijayakumar Sengadu Village And Post, Manavala Nagar, Sriperumbudur Taluk Kanchipuram Respondent(s) WA No. 1212 of 2025
1. The Director General of Shipping Directorate General of Shipping, 9th Floor, Beta Building, I-Think Techno Campus, Kanjurmarg East, Mumbai, Maharashtra - 400 042.
Appellant(s)
Vs Cosmopolitan Technology of Maritime Rep by its Director N.Vijakumar,Sengadu Village And Post, Manavala Nagar, Sriperumbudur Taluk, Kanchipuram.
Respondent(s) CMP No. 9249 of 2025
1. The Director General of Shipping The Directorate General Of Shipping, 9th Floor, Beta Building, I Think Techno Campus, Kanjur Marg (East) Mumbai-400 042.
Appellant(s) Vs Cosmopolitan Technology of Maritime Rep by its Director N.Vijakumar,Sengadu Village And Post, Manavala Nagar, Sriperumbudur Taluk, Kanchipuram.
Respondent(s) PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order dated 30-01-2025 in WP No. 33481 of 2024 and allow the Writ appeal as prayed and thus render justice.
CMP No. 9255 of 2025 PRAYER To grant an order of interim stay of the order dated 30-01-2025 in WP No. 30593 of 2023, pending disposal of the above WA. WA No. 1212 of 2025 PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order dated 30-01-2025 in WP No. 30593 of 2023 and allow the Writ appeal as prayed and thus render justice.
CMP No. 9249 of 2025 PRAYER To grant an order of interim stay of the order passed in WP.No.33481/2024 dated 30-01-205 and thus render justice.
For Appellant(s):
in both W.As.
Mr. A.R.L. Sundaresan Additional Solicitor General Assisted by Mrs.V. Sudha Central Government Counsel For Respondent(s):
in both W.As.
Mr. G. Sankaran Senior Counsel For Mr. S. Bharathi Rajan C O M M O N J U D G M E N T (Judgment of the Court was delivered by J.NISHA BANU, J.) Since the issue involved in both the writ appeals are one and the same, they are disposed of by this common judgment. The present Writ Appeals are filed challenging the Common Order dated 30.01.2025 in W.P.Nos.30593 of 2023 and 33481 of 2024 passed by this Court.
2. The respondent in the Writ Petitions, is the appellant in these appeals.
3. Writ Petitions in W.P.No.30593 of 2023 and W.P.No.33481 of 2024 were filed by the respondent herein, seeking for a direction to the Director, Directorate General of Shipping, to open the portal for admission of the remaining 1808 students for the Basic Training Program Course for the year 2023 as per the respondent's Approval Letter No.3-TR(23)/99-GP-516 and to call for the records of the first respondent therein, in its order dated 28.08.2024 in F.No.20-11011/33/2021-TRG-DGS (Comp.No.8093) and to quash the same.
4. The learned Single Judge, vide Common Order dated 30.01.2025, disposed of the Writ Petitions with a direction to the first and second respondents therein, to open the portal for the Basic Safety Training (BST) courses and Certificate Course in Maritime Catering (CCMC) for general with immediate effect and also directed the petitioner therein to strictly adhere to the rules and to rectify the deficiencies as pinpointed by the learned Advocate Commissioner and Inspection Committee, within a period of one month without any failure. Aggrieved against the order of the learned Single Judge, the respondents therein have preferred the present Writ Appeals before this Court.
5. Today, when the matters are taken up for hearing, the learned Additional Solicitor General appearing for the appellants submitted that the Compliance Report, dated 21.03.2025 has been filed by the first respondent
before the appellants and the same is not in dispute. He further submitted that there was a hearing on 25.04.2025, on which date, the respondent has appeared. The appellants, after perusing the Compliance Report and the statements made by the respondent, shall pass an order in accordance with law, within a period of two (2) weeks thereafter.
6. Recording the above submissions made by the learned Additional Solicitor General appearing for the appellants, these Writ Appeals are disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
(J.NISHA BANU, J.) (M.JOTHIRAMAN, J.) 10.06.2025 ASI To:
1. The Director, Cosmopolitan Technology of Maritime Sengadu Village and Post, Manavala Nagar, Sriperumbudur Taluk, Kanchipuram.
J.NISHA BANU J., AND M.JOTHIRAMAN J., ASI W.A. Nos. 1211 and 1212 of 2025 Dated:
10-06-2025