The High Court of Kerala upheld a writ petition filed by a vessel owner whose transfer application was rejected. The court held the rejection arbitrary and illegal under the Inland Vessels Act and Rules. It quashed the rejection order and directed reconsideration.
Ext.P8 order quashed. Petitioner directed to reconsider application within one month.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
WP(C).No. 5362 of 2019
PETITIONER/S:
RAHEESH BABU T D, AGED 35 YEARS, S/O. DHARVI, THUKALIL HOUSE, MUDICKAL P.O, PERUMBAVOOR.
BY ADVS. SRI.S.ARAVIND SRI.K.JANARDHANA SHENOY
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF PORTS, THIRUVANANTHAPURAM-695 001
3 THE PORT OFFICER, THE PORT OFFICE, ALAPPUZHA-688 012
R1 TO R3 BY SPL.GP SRI. K.V.MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5362 of 2019 2
JUDGMENT
Petitioner is the owner of an Inland Passenger
Vessel namely Water Scooter named Vembanad Pearl bearing Reg. No. KIV/ALP/PV/1275/14, which was purchased from Kerala Shipping and Inland Navigation Corporation, as per Ext.P1.
Ext.P3 certificate of survey, the area for operation of Water Scooter is Cherai - Kochi. While so, petitioner entered into an agreement with one M/s. Empire General Contracting Company to provide the above said water scooter for operating at Sun Moon Valley Boating Centre, Madupetty Dam under Kerala Hydel Tourism Centre on profit share basis. The said agreement was entered with the said Contracting Company on the basis of Ext.P4 work order.
WP(C).No. 5362 of 2019 3
petitioner is not entitled to get any transfer of the registration and transfer of the area of operation.
“19L. Change of residence or place of
business.
(1) If the owner of an inland [mechanically propelled vessel] ceases to reside or carry on business at the address recorded in the certificate of registration of the vessel, he shall, within thirty days of the change of address, intimate his new address to the registering authority by which the certificate of registration was
granted, or, if the new address is within the jurisdiction of another registering authority, to that registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered thereon.
(2) Where a registering authority other than the original registering authority makes any such entry, it shall communicate the new address to the original registering authority.
WP(C).No. 5362 of 2019 4
19M. Prohibition against transfer of ownership of registered vessel.
(1) An inland [mechanically propelled vessel] registered under this Act in one State shall not be transferred to a person resident in another State in India or in any country outside India, without the previous approval of the Government of the State in which the vessel is registered:
Provided that where an inland [mechanically propelled vessel] is [registered or deemed to be registered under the Merchant Shipping Act, 1958(44 of 1958)] this sub-section shall have effect as if for the words” the Government of the State in which the vessel is registered” the words” the Central Government” had been substituted.
(2) Subject to the provisions of subsection (1), the owner of an inland [mechanically propelled vessel] registered under this Act and the transferee thereof shall, within thirty days of the transfer of ownership of the said vessel to the transferee, jointly make a report of the transfer to the registering authority within the local limits of whose jurisdiction the transferee resides or carries on business and shall also forward the certificate of registration to that registering authority, together with
WP(C).No. 5362 of 2019 5
the prescribed fee, in order that particulars of the transfer of ownership may be entered thereon.”
under Rule 24 of the Rules which read thus:
“24. Transfer of vessel - (1) If a vessel is transferred to any person, whether resident within the state or not, the transferor and the transferee shall make joint report of the transfer to the registering authority concerned within thirty days of such transfer along with a chalan receipt evidencing payment of fees specifies in Schedule II, for such transfer.
Provided that no transfer shall be made to any person resident in another state or in any country outside India without the previous approval of the government.
(2) The certificate of registration in respect of the vessel shall also be surrendered along with such report referred to in sub section (1) in order that the particulars of the transfer of the ownership may be entered thereon.”
am of the considered opinion that, Ext.P8 order passed by the 3rd respondent is arbitrary and illegal liable to be interfered with by this court
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under Article 226 of the Constitution of India. 7. Therefore, I quash Ext.P8 and direct the 3rd respondent to reconsider the application, bearing in mind the afore quoted provisions of law at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu 20.03.2019
WP(C).No. 5362 of 2019 7
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF | THE SALE ORDER DATED |
|---|---|---|
| 9/5/2018 ISSUED | BY COMPANY SECRETARY, | |
| KERALA SHIPPING CORPORATION. |
AND INLAND NAVIGATION |
| EXHIBIT P2 | THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 14.10.2014 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE ERSTWHILE OWNER THE KERALA SHIPPING AND INLAND NAVIGATION CORPORATION. |
|---|---|
| EXHIBIT P3 | THE CERTIFICATE OF SURVEY DATED 10.12.2018 ISSUED BY THE SURVEYOR, PORT DIRECTORATE, GOVT. OF KERALA. |
| EXHIBIT P4 | TRUE COPY OF THE WORK ORDER NO. KHTC/40/HQ/2018-19 DATED 27.12.2018 ISSUED BY DIRECTOR, KERALA HYDEL TOURISM CENTRE IN FAVOUR OF M/S. EMPIRE GENERAL CONTRACTING COMPANY. |
| EXHIBIT P5 | THE KERALA INLAND NAVIGATION CORPORATION HAS SUBMITTED ITS REQUEST BY LETTER NO. C-754/2018 DATED 17.1.2019 TO CHANGE THE OWNERSHIP IN FAVOUR OF THE PETITIONER BEFORE THE 2ND RESPONDENT. |
EXHIBIT P6 THE REQUEST FOR CHANGE OF OWNERSHIP SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 17.01.2019 EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 17.01.2019 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT REQUESTING TO CHANGE THE AREA OF OPERATION OF THE WATER SCOOTER.
EXHIBIT P8 A TRUE COPY NO. A5-1451/19 DATED 23.1.2019 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the rejection by the registering authority of the petitioner's application for transfer of vessel ownership and change of area of operation was arbitrary and illegal.
3 provisions across 3 enactments
RAHEESH BABU T D
THE STATE OF KERALA
THE DIRECTOR OF PORT, GOVERNMENT OF KERALA
THE PORT OFFICER
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
