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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
Essar Shipping Ports And Logistics Ltd. – Appellant
Versus
Administrator, Union Territory Of Lakshadweep – Respondent
JUDGMENT :
These two Writ Petitions concern the same subject matter and raise common questions for consideration. Hence, they are considered and disposed of together.
Brief facts:
2. On 15.08.2010, at around 07:15 P.M., Indian flag General cargo vessel MV NAND APARAJITHA, bearing IMO No. 9082075, ran aground off Kavaratti island in the Union Territory of Lakshadweep. As discernible from the report submitted by the Indian Register of Shipping (IRS) dated 22.11.2010 (produced as Ext.P3 in W.P.(C) No.16039 of 2011), the vessel had sailed from Beypore to Lakshadweep Islands with a special voyage permission and a Short-Term Statutory certificate valid until 19.08.2010. She had on board 1373 tonnes of cargo comprising of building materials as well as a quantity of 20.79 KL HSD as bunker/fuel. Due to the grounding, serious environmental pollution and damage to the coral atoll were apprehended. Bunker oil from the vessel was transferred to shore with the help of the Coast Guard and all other potential pollutant oils including stern tube oil, hydraulic oil and oil sludge were thus transferred. The discharge of cargo, viz., solidified cement in bags lying within the two holds of the vessel comm
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