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2018 Supreme(Mad) 2845
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
R. Renu Karthick – Appellant
Versus
The Inspector General of Coast Guard, Indian Coast Guard & Others – Respondents
W.P. No. 30676 of 2018 & W.M.P. No. 35778 of 2018
Decided On : 20-11-2018
Important Points
Subject
Environmental Law - Maritime Pollution
Act Referred
MERCHANT SHIPPING ACT : S.14, S.15, S.356(j), S.356(k)(2), S.358, S.356(k)
WATER PREVENTION AND CONTROL OF POLLUTION ACT : S.32, S.33(a), S.24
Headnote
Oil Spill - Environmental Pollution - Merchant Shipping Act, 1958, Section 14, 15, 358, 356(J), 356(K)(2) - Water (P&CP) Act, 1974, Section 32, 33(A) - Indian Coast Guard Act, 1978, Chapter III, IV, V - Summary of Acts and Sections: The court discussed the duty of the Coast Guard under the Merchant Shipping Act, 1958 to register a complaint and take action in case of environmental pollution due to oil spillage. It also highlighted the powers of the Pollution Control Board under the Water (P&CP) Act, 1974 to issue directions for detaining vessels and taking necessary actions for environmental remediation.
Fact of the Case:
The petitioner filed a writ petition seeking a Mandamus to direct the authorities to take action against the owner of a vessel responsible for an oil spill at a port, causing environmental pollution and loss of marine life. The respondents, including the Coast Guard and Pollution Control Board, had taken immediate action to address the spillage.
Finding of the Court:
The court found that the Coast Guard, Port Trust, and Pollution Control Board had promptly responded to the oil spill and taken appropriate actions. It dismissed the writ petition as the relief sought by the petitioner had been addressed by the respondents.
Issues: The main issue was whether the authorities had fulfilled their duties in responding to the oil spill and environmental pollution, as well as the petitioner's request for a Mandamus.
Ratio Decidendi: The court held that the authorities had discharged their duties promptly and taken appropriate action in response to the oil spill, thereby rejecting the petitioner's request for a Mandamus.
Final Decision: The writ petition was dismissed, and no costs were awarded. The connected writ miscellaneous petition was closed.
S.V. Vijayaprashanth, N. Nandakumar, M. Aravind Kumar, Krishna Ravindran, Abdul Saleem.
1. On the basis of the newspaper item reported on 19.11.2018 in the Indian Express, stating that there is oil spill at Marine Liquid Terminal-1, at Kamarajar Port, Chennai, consequent to which, there is environmental pollution, loss of marine lives, fishermen unable to venture out for fishing, no action has been taken, as per the National Oil Spill Disaster Contingency Plan (NOS-DCP), against the fifth respondent, described to be the Owners and Parties interested in vessel MT Coral Stars, Kamarajar Port, Chennai, claiming himself to be a public interest litigant, and arraying respondent Nos. 1 to 5, the petitioner has filed the instant writ petition, for a Mandamus, directing the respondents 1 to 4, to take action against the 5th respondent, to take steps for initiating prosecution and to recover costs and compensation.
2. Added further Mr. N. Nandakukar, learned counsel for the petitioner, submitted that the police has not registered any case and an e-mail dated 19.11.2018, has been sent by the petitioner to the respondents 1 and 2.
3. According to him, as per Sections 14 and 15 of the Merchants Shipping Act, 1958, Coast Guard, has a duty to register a compliant, within the jurisdictional police and proceed further, when there is a violation of the provisions of the Pollution Control Act and environmental pollution, due to the spillage of oil.
4. When the matter came up in the forenoon, the petitioner sought for an urgent order for detaining vessel MT Coral Stars, owned by fifth respondent, and take action under the provisions of Merchant
5. In the forenoon, when the matter came up for admission, on instructions, Mr. Abdul Saleem, learned counsel for the Pollution Control Board/fourth respondent herein, submitted that on receipt of information from Coast Guard, Chennai/first respondent herein, and having regard to extent of spillage reported, Tamil Nadu Pollution Control Board, Chennai/respondent No. 4 taken action.
6. Mr. S.V. Vijayprashanth, learned counsel for the Inspector General of Coast Guard, Indian Coast Guard, Chennai/respondent No. 1, submitted that action has also been taken by the Coast Guard under the provisions of the Merchant Shipping Act, 1958. Thus, when oral submissions were made in the forenoon, we directed the learned counsel, to substantiate the same.
7. When the matter was taken up in the afternoon, Mr. S.V. Vijayprashanth, learned counsel for appearing Inspector General of Coast Guard, Indian Coast Guard, Chennai/first respondent, submitted that notice under Section 356(j) of the Merchant Shipping Act, 1958, has been issued to the fifth respondent. He further submitted that Government of India, Ministry of Shipping, Directorate General of Shipping, Mumbai, has also taken action, under Section 356 (K)(2) of the Merchant Shipping Act, 1958, and issued notice to Owners and Parties interested in vessel MT Coral Stars/fifth respondent herein.
8. Mr. Krishna Ravindran, learned counsel appearing for Chairman, Kamarajar Port Trust, Chennai/third respondent herein, submitted that even before the writ petition was filed, action has been taken on 18.11.2018 itself, on the intimation from the Inspector General of Coast Guard, Indian Coast Guard, Chennai/first respondent herein and thus, there is no fault on the part of the first respondent in reporting and taking action.
9. Submission of the learned counsel for respondent Nos. 1, 3 and 4 respectively are placed on record.
10. Heard the learned counsel for the parties.
11. Instant writ petition, has been filed on 19.11.2018 by Mr. R. Renu Karthick, claiming himself to be a public interest litigant, for the prayers stated supra.
12. From the notice issued under Section 356(J) of the Merchant Shipping Act, 1958, it could be seen that no sooner there was a oil spill alongside MLT berth, Ennore, due to rupture of hose while discharging at 05.35 Hrs on 18 Nov, 2018 within Ennore port limits, which resulted in Oil spillage which threatened the coastal area, on 18.11.2018
