Is Kerala Planning an Admiralty Suit Against MSC Shipping Company?

Kochi, June 19 (NationPress) The Pinarayi Vijayan government announced on Thursday that it plans to initiate an admiralty suit against MSC Mediterranean Shipping Company SA, the proprietor of the MSC Elsa-3 vessel which recently sank off the coast of Kerala.

The state administration presented an affidavit to the Kerala High Court during the hearing of a public interest litigation (PIL) raised by Congress leader and former Thrissur Lok Sabha member T.N. Prathapan.

In his petition, Prathapan sought the court's intervention to guarantee appropriate compensation, environmental restoration, and necessary legal actions after the sinking of the Liberia-flagged cargo ship on May 24, approximately 25 km southwest of the coastal district of Alappuzha.

The government declared its intention to file an admiralty suit against the shipping company, including the detained sister vessel. It also indicated that it is currently waiting for feedback on the claim settlement initiated by the Director General of Shipping, which has been noted in the court's order.

Additionally, the Kerala government revealed that its Disaster Management Department has established a committee to discuss compensation for the pollution damage resulting from the sinking of MSC Elsa-3.

This committee will also negotiate for the restoration costs of the coastline, the marine ecosystem, and the losses incurred by fishermen and recreational areas along the coast of Kerala.

Nevertheless, the court expressed concerns that pursuing such negotiations while the state intends to exercise the admiralty jurisdiction could lead to complications, thus ordering a postponement of discussions until the case is thoroughly examined.

The court remarked, "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 MSC Elsa-3 was on a voyage from Vizhinjam to Kochi and was reported to be carrying diesel, bunker oil, calcium carbide, and plastic nurdles when it capsized in Indian territorial waters.

This incident has raised significant concerns regarding marine pollution and the livelihoods of local fishing communities.

In previous hearings, the court emphasized the necessity for the state to take swift legal action against those accountable for the sinking of MSC Elsa-3 and another vessel, the WAN Hai-503.

The court advised the state to avoid utilizing public funds to mitigate environmental damages and instead recover costs from the shipping companies.

As the state government submitted an affidavit outlining its intended actions under the Environment (Protection) Act, the court has scheduled the next hearing for July 2.