M/S Mark Marina And ANR v. The Honble Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/151/2025 M/s. Mark Marina and Another Vs.

The Hon'ble Lieutenant Governor and Others Mr. K.M.Sheheer .... for the petitioners Mr. Satadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar ... for the Administration Mr. V.D.Sivabalan ... for the respondent no.4 March 19, 2025 [SR] Item No.4 1.

The petitioner made a request for periodical survey of the vessel under Inland Vessel Act 1917 vide application No.5813 dated 18.04.2022. The vessel has already been registered and assigned the category B by the authority concerned. On 30th May, 2022, IV Chief Surveyor informed the Owner/Master of the vessel concerned that one Shri Khudiram Mondal,Surveyor shall board the vessel on 02.06.2022 at 1000 hours for the purpose of the requested survey at Junglighat Jetty. The petitioner was advised to keep all the documents and the vessel ready for the requested survey in accordance with the Inland Vessel Act, 1971 and Inland Vessel Rules of the Administration. 2.

Shri Khudiram Mondal, Surveyor appears to have not boarded the vessel on 02.06.2022 to carry out the survey. There has been repeated request on the part of the owner of the vessel for survey since in absence of survey being conducted after the expiry of the registration and licence period, it is not possible for the vessel to ply or use for commercial purpose.

3.

I could not find any explanation for not conducting the survey for the last three years. There is nothing on record to show that the administration has responded to the said request. In any event the letter dated 13.05.2022 stands and notwithstanding the fact that the owner was ready with all documents, no survey has been carried out.

4.

Accordingly, the Chief Port Administration, Port Management Board is directed to depute competent surveyor to survey the vessel within two weeks from date. The writ petitioner shall be communicated with regard to any document(s) in respect of the vessel that they would be required to produce before the surveyor or the authorities concerned for the purpose of conducting survey.

5.

The survey report shall be communicated to the petitioner immediately after the survey is carried out in terms of this order.

6.

Since affidavits are not called for, the allegations contained in the writ petition are deemed to have been denied by respondents.

7.

The writ petition stands disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. )