M/S Phoenix Seaways Logistics And ANR v. The Honble Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/671/2024 M/s Phoenix Seaways Logistics and another Vs.

The Hon'ble Lieutenant Governor and others Mr. Gopala Binnu Kumar ... for the petitioners Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents December 06, 2024 [SR] Item no.3 1.

The petitioners seek a direction upon the Chief Port Manager, Port Management Board for survey of the vessel being 'MV Blue Lagoon'.

2.

The petitioners have annexed document to show that the vessel was rebuilt in 2016 in consultation with the Naval Architect with prior permission of the Registrar (Deputy Commissioner) for registration under Inland Vessel Rules, 2016.

3.

The Naval Architect prepared inclining procedure and on approval by the IRS, Head Office, Mumbai, the IRS Surveyor witnessed inclining experiment and Trim and stability booklet was issued.

4.

The Port Management Board was of the opinion that the vessel fulfilled all parameters and carried the LSA and FFA approved plan on board. The vessel can be surveyed and put to safe passenger service.

5.

The Marine Engineer, vide communication dated 21.12.2023 addressed to the Chief Port Administrator, Port Management Board, Port Blair, requested for survey of the aforesaid vessel by the Chief Port Administrator, PMB being the Controller of IV Act, prior to any confirmation to the firm/owner towards relevant survey.

6.

The survey, however, is yet to be done.

7.

As it appears that the request for survey of the said vessel is pending consideration for a considerable period of time and the petitioners intend to utilize the said vessel for passenger use for running the livelihood, accordingly, the Court directs the Chief Port Administrator, Port Management Board to depute a competent Surveyor to survey the vessel.

8.

The petitioners shall be communicated with regard to any document(s) in respect of the vessel when they are required to produce before the authority for the purpose of conducting the survey. Steps shall be taken positively within a period of six weeks from the date of communication of this order. 9.

The survey report shall be communicated to the petitioners immediately thereafter.

10.

The writ petition stand disposed of. No order as to cost. 11.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )