Will file admiralty suit against ship owner of MSC ELSA-3: State tells Kerala High Court

The Kerala government on Thursday informed the Kerala High Court that it intends to file an admiralty suit against MSC Mediterranean Shipping Company SA, the owner of vessel MSC Elsa-3 which recently sank off the State's coast, sparking concerns about environmental damage and economic losses [TN Prathapan v. Union of India & Ors.]..The State government submitted an affidavit to that effect before a Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji, which was hearing a public interest petition (PIL) filed by Congress leader and former Member of Parliament TN Prathapan.The PIL sought the Court's intervention to ensure proper compensation, environmental clean-up, and due legal action following the sinking of the Liberia-flagged cargo ship on May 24, around 25 km southwest of the coastal district of Alappuzha."The State has stated that it has decided to file an admiralty suit against the respondent company including the arrested sister vessel. It is also stated that the State is at present awaiting response on claim settlement undertaken by the Director General of Shipping," the Court recorded in its order. .The State also submitted that its Disaster Management Department has formed a Committee for negotiating the compensation for pollution damage caused by the sinking of MSC Elsa-3. The Committee would also be negotiating the cost of restoring the coast line, marine environment, losses caused to fishermen and recreational areas along Kerala's coast.The Bench opined that continuing such negotiations when the State is planning to invoke the admiralty jurisdiction of the Court could result in complications. It, therefore, ordered that the negotiations be deferred until the Court hears the matter in detail. "Various questions would arise whether such a negotiation would result in the agreement with the respondent company, whether it will have transparency, and whether the jurisdiction of this Court would be affected once the admiralty jurisdiction is invoked by the State," the Court explained in its order. .MSC Elsa-3 , which was en route from Vizhinjam to Kochi, was reportedly carrying diesel, bunker oil, calcium carbide (a reactive chemical) and plastic nurdles when it capsized in Indian territorial waters.The spill triggered widespread concern over marine pollution and the livelihoods of coastal fishing communities.TN Prathapan, who is currently serving as Chairman of the Kerala Fishermen Coordination Committee, stated in his PIL that the State Pollution Control Board and other authorities failed to take preventive action despite having a mandate under the Kerala State Disaster Management Plan, 2016..During previous hearings, the Court had stressed that the State must promptly take legal action against those responsible for the sinking of MSC Elsa-3 and another ship WAN Hai- 503.The Court had also opined that the State should refrain from spending public money to address environmental losses, and should instead recover damages from the shipping companies..The State today submitted an affidavit containing the steps it intends to take under the Environment (Protection) Act. It also stated that the Special Secretary of the Department of Environment has been appointed as the principal Disaster Impact Assessment Officer and that the Minister of Fisheries has convened a meeting with stakeholders..While Prathapan's counsel pressed the Court for orders to the Central government to monitor the activities at the spill site, the Court opined that such a move at this stage may affect the morale of those who are already engaged in clean up efforts. "We don't want to upset the morale of those who are already working there", Chief Justice Jamdar orally remarked. .The matter will be heard in detail on July 2. .The PIL was filed through advocates V Harish, CR Rekhesh Sharma and Rajan Vishnuraj.