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K.C.Shibu Vs Union of India — Kerala HC (2012) — LawSathi Research

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Kerala HC
2012
K.C.Shibu Vs Union of IndiaK.C.Shibu v. Union of India

Dismissed

K.C.Shibu v. Union of India

Kerala HC28 Sept 2012WP(C)/7013/2005

Case brief

AI extract

What is this about?

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What did the court decide?

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What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934

WP(C).No. 7013 of 2005 (I)

PETITIONER(S):

K.C. SHIBU, (KOCHERY C SHIBU), AGED 43, S/O. K.V. CHAKKAPPAN, PERMANENTLY RESIDING AT KOCHERY HOUSE, KANGARAPADY, KOCHI-682 021.

BY ADV. SRI.K.C.ELDHO.

RESPONDENT(S):

1. THE UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT,

DEPARTMENT OF SURFACE TRANSPORT,

CENTRAL SECRETARIAT, NEW DELHI.

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 28 Sept 2012 · September
Registered: 28 Feb 2005
Case no.: WP(C)/7013/2005

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Cite this judgement

K.C.Shibu v. Union of India, WP(C)/7013/2005 (KL), decided on 28 September 2012.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Outcome

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Detailed headnote1 paragraphs

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A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

2. DIRECTOR GENERAL SHIPPING, OFFICE OF THE DIRECTOR GENERAL SHIPPING,

W.H. MARG, MUMBAI-400 001.

3. THE CHIEF CONTROLLER OF EXAMINATION, OFFICE OF D.J. SHIPPING, MUMBAI-400 001.

4. EXAMINER OF MASTER & MATES, MERCANTILE & MARINE DEPARTMENT, DEPARTMENT OF SHIPPING, MUMBAI.

BY ADVS. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA. SRI.A. DINESH RAO, ADDL.CGSC

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 7013 of 2005 ---------------------------------------------------

Dated this the 28^th day of September, 2012

J U D G M E N T

The petitioner is working as a Commander in Indian Navy and has 21 years of experience. He was looking forward for retirement from the Indian Navy and join Merchant Navy. He is the holder of Sea Service Certificate from Indian Navy. It is his complaint that though he is in possession of a Certificate of Service as Master of Foreign Going Vessel in order to join Merchant Navy he has to get Sea Time Assessment. He submitted Ext.P6 representation before the 3^rd respondent which was rejected by Ext.P9 which reads as under:

W.P.(C) No. 7013 of 2005

2

“To

Shibu Kochery Chackappan,

13 A Kanya, NOFRA, Navy Nagar, Colaba, Mumbai - 400005.

Subject: Sea time Assessment for conversion of Certificate of service to Certificate of Competency.

Sir,

Reference to your application dated 01.09.2004 on the above subject.

This department has scrutinized your sea time for conversion of Certificate of Service to Certificate of Competency. On scrutiny it was observed that you do not posess any sea time on a trading vessel.

You will be assessed under section 11/24, para 9 of Meta Manual Volume I. You are advised to approach this department for the assessment of your sea time.

Thanking you,

Sd/-

(CAPT. R.K.MUDULI) EXAMINER OF MASTER AND MATES MERCANTILE MARINE DEPARTMENT MUMBAI”.

The petitioner preferred Ext.P10 appeal. Therefore

the request is for a direction to the 2^nd respondent to consider Ext.P10 appeal filed by him and to allow the petitioner Sea Time Assessment in Indian Master Foreign Going Vessel on the basis of Ext.P1 and in terms of Ext.P2.

W.P.(C) No. 7013 of 2005

3

It is submitted by the learned Assistant Solicitor

General that the subject matter has become infructuous on account of the fact that there is no purpose in granting the relief prayed for. As matters stands today, the requirement for getting the appointment in merchant navy would have been over.

Under these circumstances, I am of the view that nothing survives in this petition. There is no necessity to consider the writ petition on merits and hence the same is dismissed as infructuous .

A.M.SHAFFIQUE, JUDGE.

rka

CNR

KLHC010424692005

Bench

Disposal

DISMISSED AS INFRUCTUOUS

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