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Madras High CourtWP/29487/2019disposed of

Mr. Jegan Arputham Fernando, v. The Joint Secretary,

2023-04-25Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Jegan Arputham Fernando ... Petitioner Vs.

1.The Joint Secretary, Ministry of Shipping, Road Transport and Highways (Department of Shipping) Government of India, No.1, Parliament Street, New Delhi - 110 001.

2.The Director General of Shipping, Beta Buildings, 9th Floor, i-think Techno Campus, Kanjur Marg (East), Mumbai - 42.

3.The Registrar, Indian Maritime University, ECR, Uthandi, Kanathur, Chennai - 119.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary action for conducting existing conversion course of assessment and examination for issuance of COC as Master (FG) 1/4

(unlimited) for the Petitioner who possessed Master NCV with 6000 GT (home-trade ship) enabling him to go world-wide on ships without any restrictions.

For Petitioner : Mr.A.Ramalingam For Respondents : Mr.AR.L.Sundaresan for R1 and R2 Additional Solicitor of India for M/s.S.Diwakar Standing Counsel Mr.K.Srinivasamurthy for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to take necessary action for conducting existing conversion course of assessment and examination for issuance of COC as Master (FG) (unlimited) for the petitioner who possessed Master NCV with 6000 GT (home-trade ship) enabling him to go world-wide on ships without any restrictions. 2.The case of the petitioner is that the petitioner made representation to the respondents 2 and 3 seeking to take appropriate action for conducting conversion course for issuance of COC Master (FG) (unlimited) for candidates like the petitioner who possessed COC as Master NCV with 6000 GT enabling him to go on the ship world-wide operation without any restrictions and since the same has not yet been considered has filed this petition. 2/4

3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issue direction to the respondents to consider the petitioner's representation dated 20.09.2019 and to pass appropriate orders within a reasonable time frame.

4.The learned Additional Solicitor of India appearing for the respondents 1 and 2 submitted that the petitioner's representation will be considered in accordance with law.

5.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 20.09.2019, on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. 25.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Joint Secretary, Ministry of Shipping, Road Transport and Highways (Department of Shipping) Government of India, No.1, Parliament Street, New Delhi - 110 001.

2.The Director General of Shipping, Beta Buildings, 9th Floor, i-think Techno Campus, Kanjur Marg (East), Mumbai - 42.

3.The Registrar, Indian Maritime University, ECR, Uthandi, Kanathur, Chennai - 119.

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