BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
W.P.(MD)No.8370 of 2026
DATED: 29.04.2026
CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.8370 of 2026 and W.M.P.(MD)Nos.6824, 6826, 6827 & 6828 of 2026
Theeran Thirumurugan @ Thirumurugan ... Petitioner
Vs.
1. Union of India, Represented by,
The Principal Secretary,
Ministry of Environment,
Forest and Climate Change,
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi-110 003.
2. Union of India, Represented By,
The Principal Secretary,
Ministry of Ports,
Shipping and Waterways,
Parivahan Bhavan,
1, Parliament Street, New Delhi-110 003.
3. State of Tamil Nadu, Represented By,
The Principal Secretary,
Environment, Climate Change
and Forests Department,
Fort St. George, Secretariat,
Chennai-600 009.
4. State of Tamil Nadu,
Represented by the Principal Secretary,
Animal Husbandry, Dairying, Fisheries
and Fishermen Welfare Department,
Fort St. George, Secretariat,
Chennai – 600 009.
5. Tamil Nadu Pollution Control Board,
Represented by the Member Secretary,
No.76, Mount Salai, Guindy,
Chennai-600 032.
6. The Director of Fisheries And
Fishermen Welfare,
Directorate of Fisheries,
Integrated Animal Husbandry and
Fishing Building, Nandanam,
Chennai-600 035.
7. The Commissioner,
Tamil Nadu State Disaster Management
Authority, Commissionerate of Revenue
Administration and Disaster Management,
Ezhilagam, Chepauk,
Chennai-600 005.
8. The Inspector General of Coast Guard,
East Coast Guard Region,
No.5 GM Pettai Road, Royapuram,
Chennai-600 013.
9. The District Collector,
Office of the District Collector,
Ramanathapuram District.
10. The District Collector,
Office of the District Collector,
Kanyakumari District.
11. The District Collector,
Office of the District Collector,
Thoothukudi District.
12. The District Collector,
Office of the District Collector,
Tirunelveli District.
13. The District Collector,
Office of the District Collector,
Pudukkottai District.
14. District Collector,
Office of the District Collector,
Thanjavur District.
15. Mediterranean Shipping Company,
Represented by The Authorized Nodal Officer,
MSC House, Andheri Kurla Road,
Andheri East, Mumbai-400 059.
16. MSC Agency India Private Limited,
Represented By, the Authorized Officer,
146, Palayamkottai Road,
1st Floor, Manickam Tower,
Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.3 and 4 to institute Admiralty Suit before the Madras High Court or file appropriate petition before the competent National or International Forum against the respondent Nos.15 and 16 to claim environmental damages, consequently direct the respondent Nos.3 to 7 to constitute an Expert Committee or Special Task Force to take immediate action for the removal of oil spill and plastic pellet in the scientific manner for safeguarding the marine ecosystem in the Southern Part of Tamil Nadu in accordance with law within the time stipulated by this Court.
For Petitioner : Dr.R.Alagumani
For Respondents : Mr.K.Govindarajan, DSGI for R1 & R2
Mr.D.Sasikumar, Addl. Govt. Pleader for R3, R4, & R6 to R14
Mrs.Madhuri Dhonti Reddy, Standing Counsel for R5
Mr.Arnitava Majumdar, for M/s.R.Rajamohan for R15 & R16
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
1. This writ petition has been filed seeking a direction to the respondent Nos.3 and 4 to institute Admiralty Suit before the Madras High Court or file appropriate petition before the competent National or International Forum against the respondent Nos.15 and 16 to claim environmental damages and consequently direct the respondent Nos.3 to 7 to constitute an Expert Committee or Special Task Force to take immediate action for the removal of oil spill and plastic pellet in the scientific manner for safeguarding the marine ecosystem in the Southern Part of Tamil Nadu in accordance with law within the time stipulated by this Court.
2. It is brought to the notice of this Court by the learned counsel appearing for the petitioner that the sinking of the ship would cause severe environmental damage to the entire coastal regions, including the States of Kerala, Karnataka and Tamil Nadu. Insofar as Tamil Nadu is concerned, the entire coastal area from Kanniyakumari to Nagapattinam has been affected by plastic pellets as well as fuel oil, resulting in environmental damage and adversely impacting fishing, aquaculture and tourism. He would further submit that in this regard, the Kerala High Court has already passed a detailed order in W.P. (PIL) No. 50 of 2025, wherein the Kerala High Court directed the State of Kerala to file an Admiralty Suit. Pursuant to the said directions, the State of Kerala has now filed Admiralty Suit No. 12 of 2025 before the High Court of Kerala, in which certain interim orders have already been passed directing the deposit of a certain amount as security. The learned counsel for the petitioner further submits that this Court may also issue a direction to the Government of Tamil Nadu to file an Admiralty Suit to protect the interests of the affected persons in Tamil Nadu, so that compensation may be determined.
3. Heard the learned counsel appearing on either side and perused the materials available on record.
4. On a perusal of the records, it is seen that the High Court of Kerala, by order dated 12.06.2025 in W.P. (PIL) No. 50 of 2025, has passed the following order:
“3. The learned counsel for the Petitioner seeks leave to amend the writ petition to place on record the facts pertaining to the incident involving 'WAN HAI 503' and to implead the necessary parties in that regard. Leave is granted.
4. The learned Advocate General informs us that the explosion on 'WAN HAI 503' occurred at 22:00 hours on 9 June 2025. The Indian Coast Guard, the Indian Navy, the Directorate General of Shipping, and the salvage partners have mobilised firefighting and search operations. It is stated that the fire has been partially contained, however, the vessel remains unmanned and adrift, drifting in a south-southeasterly direction at approximately 1 knot and as per the latest update, the vessel is located approximately 65 nautical miles off the Indian coastline. It is stated that the vessel remains afloat but continues to emit heavy smoke. It is
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