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High CourtsSingle Bench(2012) 01 MAD CK 0076

M/s. Gees Marine Products Private Limited vs The Union of India

Madras High Court · Decided on 9 January 2012

HON’BLE JUDGES
Vinod K. Sharma, J
CASE NUMBER
Writ Petition No. 28937 of 2011 and M.P. No. 1 of 2011

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Judgment

17 paragraphs · 352 words

Honourable Mr. Justice Vinod K. Sharma

1.

The petitioner has approached this Court for issuance of a writ in the nature of Mandamus, directing the respondents to consider and decide the

representation dated 07.12.2011, filed by the petitioner, for grant of permission to send Foreign Nationals on Board of Indian Vessel for imparting

instructions regarding catching and preservation techniques to the Indian Crews.

2.

The case of the petitioner is that in order to improve the quality of Tuna fishing and to improve the preservation techniques of Tuna fishing on the

Vessel, the petitioner has engaged the service of two experts from Japan and eight Indonesian Tuna Fishing Technicians.

3.

The grievance of the petitioner is that in absence of necessary permission from the Union of India, it is not possible to send on board the foreign

nationals.

4.

The grievance of the petitioner is that in spite of the fact that the representation was submitted on 07.12.2011, so far no decision has been

taken, though it is seasonal job, and the very purpose of appointment of foreign nationals would stand defeated with delay.

5.

Learned counsel for the respondents states that the request made by the petitioner is not in order.

6.

Be that as it may, it was for the respondents to act on the representation of the petitioner and convey the deficiency, if any in the application or in

case it is not permissible, then the request ought to have been rejected, but the respondents cannot sit on the request without deciding the same.

7.

The legal right of the petitioner is being defeated due to non action on the part of the respondents in taking decision with regard to permission

requested by the petitioner. The respondents have failed to perform their obligation under law in considering the request of the petitioner.

8.

For the reasons stated, the writ petition is disposed of with direction to the respondents to take final decision on the request made by the

petitioner within 10 days of the receipt of certified copy of this order. No costs. Consequently, connected miscellaneous petition is closed.