Kochi, June 19 The Pinarayi Vijayan 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 the vessel MSC Elsa-3 that sank off the state's coast recently.
The state government submitted an affidavit detailing this before the High Court when it was hearing a public interest petition (PIL) filed by Congress leader and former Thrissur Lok Sabha member T.N. Prathapan.
In his plea, Prathapan wanted 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.
Besides, the Kerala government 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 coastline, marine environment, and losses caused to fishermen and recreational areas along Kerala's coast.
However, the court was of the view that continuing such negotiations when the state is planning to invoke the admiralty jurisdiction of the court could result in complications, and hence, it 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 said in its order.
MSC Elsa-3, which was en route from Vizhinjam to Kochi, was reportedly carrying diesel, bunker oil, calcium carbide, 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.
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.
As the state government submitted an affidavit containing the steps it intends to take under the Environment (Protection) Act, the court then posted the case for July 2.
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