The withdrawal of crew change services at Vizhinjam Seaport was lawful, as it adhered to existing regulations and prioritized national security over business interests.

JUDGMENT :

1. The 1^st petitioner is an association of local shipping agents/ steamer agents, rendering Crew change and other allied services like Bunkering, Ship handling, Ship supply, Painting, Repair, Survey, Engineering, Laundry, etc. to vessels calling at the Vizhinjam Seaport. The Vizhinjam Seaport is managed by the Kerala Maritime Board, established by the State Government under the Kerala Maritime Board Act, 2017. The 2^nd petitioner is the Managing Director of M/s. Dowins Resources Pvt. Ltd. and a member of the Association of Local Steamer Agents. The petitioners are aggrieved by Ext.P3 order of the 2^nd respondent, withdrawing the controlled crew change services which, according to them, were being rendered from the Inner and Outer Anchorages of Vizhinjam Port. The petitioners, therefore, seek the following reliefs:

(a) Issue a writ of certiorari or other appropriate writ, order or direction calling for Exhibits P3 and quash the same.

(b) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2^nd and 3^rd Respondent to permit crew change at the inner and outer anchorage of the Vizhinjam Port on the request of petitioners and/or option of Port authority at Vizhinjam and/or the Kerala Maritime Board.

2. The essential facts, as narrated in the writ petition, are as under:

The Vizhinjam Seaport is one of the 17 minor ports in the State of Kerala managed by the Kerala Maritime Board. Due to their shallow draft/draught and short berth lengths, these ports cannot accommodate medium to large vessels, mother vessels, and supertankers. As a result, foreign and Indian vessels will not call at these ports for services, including crew change. Globally, crew change services involve the de-boarding (sign off) of crews from the Vessels upon completion of their contractual term and boarding (sign on) of fresh crew after vacation. Crew change facility is provided at all Major and Minor ports in India at its Berth and Anchorage, and can take place in the high seas while the Vessel is sailing and also at Outer or Inner Anchorage close to a particular Port. Most ship- owners of mother vessels/super tankers and huge vessels bound for other countries prefer crew change in the outer anchorage or inner anchorage, since the exercise can be undertaken without deviating from the normal route and is a cheaper and faster option. On the other hand, a ship coming inside the port for crew change will incur substantial expense towards port dues, berth hire and pilotage charges. The Vizhinjam Seaport is an Authorised Immigration Check Post for entry into and exit from India of International Ships with valid travel documents. On the strength of such designation, crew change was happening at the inner and outer anchorage of Vizhinjam Seaport from 2019 onwards. While so, the spread of the Covid-19 pandemic led to the suspension of entry of all persons/crew through India's borders, resulting in seamen being stranded in the Vessels for months after the expiry of their contract. Taking the above and other factors into consideration, the Ministry of Home Affairs, vide Exhibit P8 order dated 15.04.2020, set out the permissible and impermissible activities during the Covid Lockdown. Thereafter, by Ext.P9 order dated 21.04.2020, an amendment was brought to Ext.P8, permitting the movement of Indian Seafarers. Later, by Exts.P11 and P12 orders, permission was granted to foreign seafarers also to sign off and sign on at Indian Ports. On the strength of the aforementioned orders, the 2^nd petitioner filed W.P.(C). No.16787 of 2020, seeking an order permitting crew change for the vessels calling at the Vizhinjam Seaport’s outer anchorage. By Ext.P24 interim order, this Court permitted the sign-on and sign-off facility to the foreign seafarers, in the two vessels mentioned in the order, from the outer anchorage of the Vizhinjam Seaport. By Ext.P25 order, the interim direction was made applicable to all vessels by deleting the names of the vessels