JAMES Vs. DIRECTOR OF PORTS

JUDGEMENT

(1.) The question raised by the petitioner in this writ petition is whether dry docking of the vessel owned by the petitioner namely, 'Hail Mary' having Certificate No. N. 89549-V002-001 is to be insisted upon overlooking the stipulations of the Classification Society, namely the additional fifth respondent, as per Exts. P4 and P5. Material facts for the disposal of the writ petition are as follows :-

(2.) Petitioner is the proprietor of an institution namely M/s. Back Water Navigation Company and owns a vessel in the name and style 'Hail Mary' which is a barge with 650 Metric Tons dead weight. Presently the vessel is put in special service for fourth respondent for transportation of liquefied ammonia gas. It is submitted that the transportation of liquefied ammonia through water course has been insisted upon by this Court to divert the transportation of hazardous materials by road endangering human lives, evident from Ext.P1 judgment. The subject barge had been placed by the petitioner at the disposal of the fourth respondent pursuant to their tender and awarding of contract in favour of the petitioner for transportation of liquefied ammonia gas through Champakkara Canal from FACT Cochin Division via National Waterways 3 of India. As per the due terms of contract, fourth respondent installed bullet carriers in the barge for transportation of its raw material, liquefied ammonia in the gas bullets mounted on the barge. It is also stated that round the clock transportation and supply of ammonia is essential to meet production needs of FACT and inland vessel shall not be permitted to proceed any voyage or used for any voyage without due Certificate of Survey. Based on the Certificate of Survey the State Government issues Certificate of Registration as well and accordingly, Ext.P2 certificate of Registration is issued to the petitioner by the State Government valid upto 27.11.2018.

(3.) It is further submitted that the Certificate of Survey is to be issued by surveyors appointed by the State Government. The certificate of survey is a mandatory requirement for plying the vessel. As per Sec. 4 of the Inland Vessels Act, 1917 (for short the 'Act, 2017') and Rule 5 of the Kerala Inland Vessels Rules, 2010 (for short the 'Rules, 2010') a vessel needs to be surveyed by Classification Society specified by the Government. The State Government as per Ext.P3 notification dated 109.2010 approved International Classification Societies to conduct survey of inland vessels. That the International body of Classification Societies namely 'International Association of Classification Societies (IACS)' comprises of the international classification societies specified in Ext.P3 and the formation of the association was initiated by the renowned international agency/classification society (RINA) namely, the additional fifth respondent . The society has its Headquarters at Italy and the said society has a tradition of more than 100 years and dealing with most and complex vessels and ships including mother ships plying through international waters as well. According to the petitioner, the certificate issued by RINA is conclusive for the issuance of Certificate of registration namely Ext.P2. Further the certificate of survey shall be issued by the State Government based on declaration of owner, in this case pertaining to the subject vessel owned by the petitioner. Petitioner had sent the declaration based on the certificate of survey by the Surveyor, in this case by RINA as per the declaration given by it as per Sec. 7 of Act, 1917. Based on the inspection, conducted by the Classification Society, the Certificate of Class was issued by the additional fifth respondent for the vessel specified above, evident from Ext.P4. Along with Ext.P4, ship status report specifying requirements of periodical surveys was also issued by the classification society evident from Ext. P5. According to the petitioner, certification is effected as per the due service charges provided by the petitioner, evident from Exts. P6, P6(a) and P6(b) payment invoices. However as a formality, the department of port also issued a certificate in conjunction with Ext. P4, evident from Ext.P7. It is also stated that the surveyors of the State Government are contract staffs not in the roles of the State and the said surveyors lack expertise in the matter as well. That apart, it is contended that the expertise and supremacy of classification societies is undisputed and in Ext.P3, it is reiterated. A letter issued by the Director of Ports in the matter of construction and operation of river sea vessels mandating and highlighting the requirement of approval from and supervision of works by classification society is evident from Ext.P8.