The Kerala High Court has taken note of steps initiated by the Directorate General of Maritime Administration (DGMA) to assess the condition of submerged containers and the possible navigation and environmental risks associated with them following the MSC Elsa 3 wreckage. 

The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar was considering a batch of public interest litigations raising questions regarding the navigational hazards, marine pollution and livelihood issues of coastal communities posed with the sinkage of vessel.

Previously, the Central Government had informed the Court that the MSC Elsa 3 wreckage lying on the seabed has hazardous materials and therefore, may have to be removed. The Court had also asked the Centre to consider the possibility of seeking India Navy's expertise to explore the wreckage lying in the seabed. 

Today, the Court was informed by a statement filed on behalf of DGMA that it has explored the feasibility of an independent technical assessment, including an underwater multi-beam survey and side-scan survey, to objectively ascertain the present condition of the wreck site and the submerged containers. 

According to the statement, the DGMA had also approached the Indian Navy, through a communication dated July 27, 2026, to examine the feasibility of conducting an independent underwater survey and technical assessment through a specialised team. The proposed assessment would cover, among other aspects, the condition of the submerged containers, hazardous cargo and potential navigation and environmental risks.

The Directorate has identified C-Track Surveys and Fugro Survey India Pvt. Ltd. as two Indian entities capable of undertaking the proposed survey. Following interactions concerning their technical capabilities, availability, methodology and resources, the Directorate formed the view that both entities possess the requisite technical capabilities and resources to carry out the multi-beam and side-scan surveys at the wreck site.

The statement further indicates that the survey would have to be undertaken at the cost and responsibility of the owners or other vested interests, under the supervision of competent government authorities and technical and scientific institutions. 

The involvement of institutions such as the CSIR-National Institute of Oceanography (CSIR-NIO) and/or the National Institute of Ocean Technology (NIOT) has been proposed to ensure that the survey complies with the necessary technical and regulatory requirements.

The DGMA has also suggested that the findings of the proposed survey be examined along with earlier surveys submitted by the owners. For this purpose, a joint inter-departmental team comprising representatives of the relevant government departments and technical and scientific institutions has been proposed.

The suggested committee may include representatives of the Ministry of Ports, Shipping and Waterways, including the DGMA, the concerned Mercantile Marine Department, the Ministry of Environment, Forest and Climate Change, the Kerala State Disaster Management Authority, and scientific and technical institutions such as CSIR-NIO and NIOT.

During the proceedings, the counsel appearing for the petitioner in one of the writ petitions, drew the Court's attention to Section 237 of the Merchant Shipping Act, 2025, submitting that the Central Government is required to determine whether a wreck constitutes a hazard, based on the criteria prescribed under the provision.

According to the petitioner's counsel, these statutory considerations would also have to be examined by the competent government authority before the proposed survey or related action is undertaken.

The Court recorded the statement and the submissions by the counsels and adjourned the matter to 6 October for further consideration. 

Case Title: T. N. Prathapan v. Union of India and Ors. and connected cases

Case No: WP(PIL) 50/ 2025 and connected cases

Counsel for the petitioners: V. Harish, C.R. Rekhesh Sharma, Rajan Vishnuraj, Anil Thomas (T), K.V. Rashmi, Lakshmi, Rahul Anil, K. Jayesh Mohankumar, Pushparajan Kodoth, Vandana Menon, Vimal Vijay, Dona Mathew

Counsel for the respondents: Santhosh Mathew (Sr.), Amitava Majumdar, Pranoy K. Kottaram, P. Sreekumar - ASGI, T. Naveen - KSPCB