IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 35790 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. MEHUL NAGINDAS SHAH, 604-A, VAIBHAV APARTMENTS OLD PRABHADEVI ROAD,NEAR TATA PRESS LANE PRABHADEVI MUMBAI, PIN 400 025. 2. NATASHA BANAJEE, W/O. MEHUL NAGAINDAS SHAH, 604 -A, VAIBHAV APARTMENTS, OLD PRABHADEVI ROAD, NEAR TATA PRESS LANE, PRABHADEVI, MUMBAI, PIN 400 025. BY ADV. SRI.JOY THATTIL ITTOOP RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF SHIPPING, GOVERNMENT OF INDIA, NAHAZ BHAVAN, WALACHAND M. MARG, MUMBAI 400 001. 2. THE ADMINISTRATOR, OFFICE OF THE LAKSHADWEEP ADMINISTRATION UNION TERRITORY OF LAKSHADWEEP, KAVARATHY. ADDL.3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY FOR MINISTRY OF SHIPPING AND SURFACE TRANSPORT. (ADDL.R3 IS IMPLEADED VIDE ORDER DTD.18.12.09 IN I.A.16110/09) R1, R3 BY SRI.T.P.M.IBRAHIM KHAN,ASST.S.G R2 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.35790/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE CONFIRMATION SLIP ISSUED BY THE FIRST RESPONDENT. EXT.P2: A TRUE COPY OF THE RECEIPT ISSUED BY ATLANTIS TRAVEL CONSULTANCY AT MUMBAI, DATED 30.8.2006. EXT.P3: A TRUE COPY OF THE PHOTOGRAPH OF THE DEAD BODY OF THE PETITIONER'S DAUGHTER. EXT.P4: TRUE COPY OF THE FIR NO.16/06 DATED 21.11.2006 REGISTERED IN LAKSHADWEEP POLICE STATION, KADAMATH. EXT.P5: TRUE COPY OF AN INQUEST REPORT IN CRIME NO.16/06 PREPARED BY KADAMATH POLICE STATION. EXT.P6: A TRUE COPY OF THE KACHEET DATED 21.11.2006. EXT.P7: TRUE COPY OF THE DEATH CERTIFICTAE DATED 21.11.06. EXT.P8: TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT. EXT.P9: ACKNOWLEDGEMENT CARD OF EXT.P8 MENTIONED ABOVE. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN,J. ------------------------------------------- W.P(C).No.35790 OF 2009 ------------------------------------------- Dated this the 24th day of May, 2010 JUDGMENT 1.Ext.P7 is the death certificate of a child, issued by the Registrar of Births and Deaths of the Union Territory of Lakshadweep. It certifies that baby Neonashah died on 21.11.2006. The registration is made with reference to Kadmat Island in Amni Tahsil in the UT of Lakshadweep. Petitioners are the parents of that child. They say that they had boarded a cruiser vessel by operator named in this writ petition and that though they were under the bonafide impression that enquiry proceedings were going on in full swing in relation to the unfortunate plight of their child, it is understood later that the F.I.R. registered by the police of the UT of Lakshadweep has essentially been closed without any further enquiry. They, accordingly, say that enquiry by the competent authority under the Merchants Shipping Act has not been conducted. WPC.35790/09 2 2.The Central Government authorities are on record stating that the owner of the vessel had not elaborated the incident. There was also no report from any person regarding the casualty. It is pointed out by the Directorate that no enqiry was conducted. Ext.P8 is the memorandum submitted by the petitioners. The first respondent will, therefore, ensure that appropriate action in the form of enquiry and all other requirements in terms of the Merchants Shipping Act is carried out in accordance with law, at the earliest, with notice to the petitioners. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/05.