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CHENNAI OIL SPILL

Documents as on 25 April 2017

LEAK
BEFORE THE NATION AL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI

Application No.16 of 2017 (SZ)


Applicant (s) Respondents
Saravanan Dakshinamurthy Vs. The Union of India
No.11A, Muthallamman Kovil Street rep.by its Secretary, Ministry of
Selaiyur, Chennai 73 Environment and Forests,
Climate Change, Jorbagh,
New Delhi and others
Legal Practioners for Applicant (s) Legal Practitioners for Respondents
Yogeshwaran A, Mr.Syed Nurullah Sheriff for R1
Neha Miriam Kurian Mr.Su Srinivasan for R2 & R3
Mr.M.K.Subramanian for R4
Mr.M.T.Arunan for R5
Mr.D.S.Ekambaram for R8
Mr.H.Yasmeen Ali for R9

Note of the Orders of the Tribunal


Registry
Date: 03rd February, 2017
Item No.1

We have heard learned counsel appearing for the applicant. Admit.

Issue notice to the respondents. Mr.Syed Nurullah Sheriff takes notice

for 1st respondent. Mr.Su Srinivasan takes notice for respondent

Nos.2 & 3. Mr.M.K.Subramanian takes notice for 4th respondent.

Mr.M.T.Arunan takes notice for 5th respondent. Mr.D.S.Ekambaram

takes notice for 8th respondent. Mrs.Yasmeen Ali takes notice for 9th

respondent. Private notice is permitted to 6th and 7th respondents.

Post this application alongwith Application No.14 of 2017 on

20.02.2017.

..........................................., JM
(Justice Dr. P. Jyothimani)

...........................................,EM
(Shri P.S. Rao)
BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Application Nos.14, 16, 38 & 40 of 2017 (SZ)


Applicant(s) Respondents

Application No.14 of 2017

Meenava Thanthai 1. The Chairman


K.R. Selvaraj Kumar National Coastal Zone Management
Rep. by its President Authority, MoEF & C, New Delhi
M.R. Thiyagarajan 2. The State of Tamil Nadu
Royapuram, Chennai rep. by its Secretary to Govt
Environment & Forest Dept,Chennai
3. The State of Tamil Nadu
Rep. by it Secretary to Govt, PWD,Chennai
4. The Member Secretary,
State Coastal Zone Management Authority
Chennai
5. The District Collector, Thiruvallur
6. The Chairman
Tamil Nadu Pollution Control Board
Chennai
7. The ADGP, Coastal Security Group
DGP Office Complex, Mylapore, Chennai
8. The Tahsildhar, Ponneri
9. M/s. Kamarajar Port Ltd., rep. by its
Chairman, Chennai
10. M.T. Dawn Kancheepuram
Arya Voyagers Pvt. Ltd.,
Rep. by its Managig Director, Mumbai
11. M.T. BW Maple, rep. by its Chairman
Chennai
12. The Member Secretary, Central
Pollution Control Board, New Delhi
13. The Director General
Ministry of Shipping, New Delhi.
14. MoEF, New Delhi (suo motu)

Counsel appearing for applicant Counsel appearing for respondent/s

Mr. K. Mageshwaran Mr. G.M. Syed Nurullah Sheriff for R1&14


M/s. M.K. Subramanian,
E. Manoharan &
P. Velmani for R2 to R5, R7 & R8
Mrs.H. Yasmeen Ali for R6
Mr. M. T. Arunan for R9
Mr.S. Vasudevan for R10
Mr. Raghunathan for R11
M/s. D.S Ekambarm & P. Jayalakshmi for R12
Mr.Su. Srinivasan for R13

Application No.16 of 2017 (SZ)


Applicant (s) Respondents
Saravanan Dakshinamurthy Vs. The Union of India
No.11A, Muthallamman Kovil Stre rep.by its Secretary, Ministry of
Selaiyur, Chennai 73 Environment and Forests,
Climate Change, Jorbagh,
New Delhi
2. The Union of India, rep. by its
Secretary, Ministry of Shipping
New Delhi
3. The Indian Coast Guard, rep by
Its Director General, Chennai
4. The State of Tamil Nadu, rep.
By its Director, Dept of Env &
Forest, Chennai
5. Kamarajar Port Ltd. Rep. by its
Chairman cum M.D, Chennai
6. M.T. Dawn Kanchipuram
Arya Voyagers , rep. by its M.D
Mumbai

7. M.T. BW Maple, rep. by its


Chairman, Chennai
8. The Central Pollution Control Bd
Rep. by its authorised officer
9. The Tamil Nadu Pollution
Control Board, Delhi

Legal Practioners for Applicant (s) Legal Practitioners for Respondents


Yogeshwaran A, Mr.Syed Nurullah Sheriff for R1
Neha Miriam Kurian Mr.Su Srinivasan for R2 & R3
Mr.M.K.Subramanian for R4
Mr.M.T.Arunan for R5
Mr. S. Vasudevan for R6
Mr. Raghunathan for R7
Mr.D.S.Ekambaram &
P. Jayalakshmi for R8
Mr.H.Yasmeen Ali for R9

Application No.38 of 2017 (SZ)

Applicant(s) Respondent(s)

Ashwini Kumar 1. Union of India


R/o. E-38, Greenwood City Ministry of Environment and Forests
Sector 46, Gurgaon 122003 New Delhi, through Secretary
2. Ministry of Shipping, through its
Director, New Delhi
3. State of Tamil Nadu
Through Chief Secretary, Chennai
4. Tamil Nadu State Pollution Control Board
Thro. Its Member Secretary, Chennai
5. Kamarajar Port Ltd., Chennai
6. Tamil Nadu Maritime Board, Chennai
7. Indian Oil Corporation, New Delhi
8. Tokio Marine Holdings Inc
Rep.in India thro
M/s.IFFCO Tokio General Ins.Co
Owners of MV Maple Galaxy
Gurgaon, Hasryana
9. M.T. Dawn Kanchipuram
Arya Voyagers , rep. by its M.D
Mumbai

Counsel appearing for applicant Counsel appearing for respondent/s

M/s. VSA Legal Advocates Mrs. Me. Saraswathy for R1


Mr. Su. Srinivasan for R2
Mr. M.K. Subramanian for R3
Mrs. Yasmeen Ali for R4 & R6
Mr. M. Ravindran, Senior Counsel
For Krishna Ravindran
Mr. T. Arunan for R5
Mr. S.Vasudevan for R9

Application No.40 of 2017 (SZ)

Applicant(s) Respondent(s)

P. Somasundaram 1. Union of India


Advocate Ministry of Environment and Forests
Delhi New Delhi, through Secretary
2. Union of India, rep.by its Secretary
Ministry of Shipping & Road Transport
And Highways, New Delhi
3. Director General of Shipping
Bombay
4. Central Pollution Control Board
Through its Chairman, New Delhi

Counsel appearing for applicant Counsel appearing for respondent/

M/s. P.V. Yogeswaan Mrs. Me. Saraswathi for R1


K. Maylsamty Mr. Su. Srinivasan R2 & R3
Mr.D.S.Ekambaram &
Mrs. P. Jayalakshmi for R4

M.A. No.32 of 2017

Note of the
Registry
Orders of the Tribunal

Item No.19 Date: 20th February, 2017


to 22
Application No.14 of 2017

Mr.S.Vasudevan, learned Senior Counsel has filed vakalat for


respondent No.10. He shall be furnished with copies of pleadings
by the Registry.
The learned counsel appearing for the State Government -
respondent Nos.2, 3, 5 & 8 has filed common reply as well as
documents and undertakes to serve copies to all the counsels.
For respondent No.9 - Kamarajar Port Limited, Mr.M.
Ravindran, Senior Counsel appearing on behalf of Mr.Krishna
Ravindran has filed reply after serving copies to the learned counsel
appearing on the other side.
Mr.Raghunathan, the learned counsel appearing for 11th
respondent undertakes to file vakkallat. He shall be permitted to
receive the copy from the Registry if sufficient number of copies are
available. The learned counsel appearing for the applicant
undertakes to serve copies to the learned counsel.
We direct the Director General of Shipping who acts as the
nodal agency to file reply along with all documents.
We also direct the learned Assistant Solicitor General to be
present on the next date of hearing.
After hearing the learned counsel appearing on all sides, we are
of the view that MoEF, Government of India should be made as a
party. Accordingly, suo motu we implead MoEF, Government of
India represented by its Secretary, Parayawaran, New Delhi as 14th
respondent. Mr.Syed Nurullah Sheriff takes notice for the MoEF.
He shall also file reply on behalf of MoEF.

Application No.16 of 2017


Mr.S.Vasudevan, learned Senior Counsel has filed vakalat
for respondent No.6. He shall be furnished with copies of
pleadings by the Registry.
The learned counsel appearing for the Respondent No.4
State Government has filed common reply as well as documents
and undertakes to serve copies to all the counsels.
Mr.Raghunathan, the learned counsel appearing for 7th
respondent undertakes to file vakalat. He shall be permitted to
receive the copy from the Registry if sufficient number of copies are
available. The learned counsel appearing for the applicant
undertakes to serve copies to the learned counsel.
For respondent No.5 - Kamarajar Port Limited, Mr.M.
Ravindran, Senior Counsel appearing on behalf of Mr.Krishna
Ravindran has filed reply after serving copies to the learned counsel
appearing on the other side.
Application No.38 of 2017
Mrs.M.E.Saraswathy takes notice for 1st respondent. Mr.Su
Srinivasan takes notice for 2nd respondent. Mr.M.K.Subramanian &
E.Manoharan takes notice for 3rd respondent. Mrs.Yasmeen Ali
takes notice for 4th & 6th respondents. Mr. M. Ravindran, Senior
Counsel appearing on behalf of Mr.Krishna Ravindran takes notice
for 5th respondent. Mr. SVasudevan takes notice for 9th respondent.
Private notice is issued to 7th & 8th respondents. The Registry is
directed to take copies of the pleadings and supply the same to all
the counsel who have undertaken to file vakalat.
Mr.D.S.Ekambaram, learned counsel appearing for the
CPCB submits that inspection has been carried out by them along
with TNPCB and a joint inspection report will be filed on the next
date of hearing.
Application No.40 of 2017
Print the name of Mrs.M.E.Saraswathy learned counsel
appearing for the 1st respondent. Mr.Su.Srinivasan takes notice for
2nd and 3rd respondents. Mr.D.S.Ekambaram takes notice for 4th
respondent

Post all these matters on 13.03.2017.

..........................................., JM
(Justice Dr. P. Jyothimani)

...........................................,EM
(Shri P.S. Rao)
BEFORE THE NATION AL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI

Application Nos.14, 16, 38 & 40 of 2017 (SZ)

Applicant(s) Respondents
Application No.14 of 2017
Meenava Thanthai 1. The Chairman
K.R. Selvaraj Kumar National Coastal Zone Management
Rep. by its President Authority, MoEF & C, New Delhi
M.R. Thiyagarajan 2. The State of Tamil Nadu
Royapuram, Chennai rep. by its Secretary to Govt
Environment & Forest Dept,Chennai
3. The State of Tamil Nadu
Rep. by it Secretary to Govt, PWD,Chennai
4. The Member Secretary,
State Coastal Zone Management Authority
Chennai
5. The District Collector, Thiruvallur
6. The Chairman
Tamil Nadu Pollution Control Board
Chennai
7. The ADGP, Coastal Security Group
DGP Office Complex, Mylapore, Chennai
8. The Tahsildhar, Ponneri
9. M/s. Kamarajar Port Ltd., rep. by its
Chairman, Chennai
10. M.T. Dawn Kancheepuram
Arya Voyagers Pvt. Ltd.,
Rep. by its Managig Director, Mumbai
11. M.T. BW Maple, rep. by its Chairman
Chennai
12. The Member Secretary, Central
Pollution Control Board, New Delhi
13. The Director General
Ministry of Shipping, New Delhi.
14. MoEF, New Delhi (suo motu)

Counsel appearing for applicant Counsel appearing for respondent/s

Mr. K. Mageshwaran Mr. G.M. Syed Nurullah Sheriff for R1&14


M/s. M.K. Subramanian,
E. Manoharan &
P. Velmani for R2 to R5, R7 & R8
Mrs.H. Yasmeen Ali for R6
M/s.Krishna Ravindran
A.Charles Darwin & S.Praveen
Kumar for R9
Mr.S. Vasudevan for R10
Mr. Raghunathan, T.Poornam,
Sharanya Vaidyanathan for R11
M/s. D.S Ekambarm & P. Jayalakshmi for R12
Mr.Su. Srinivasan for R13

Application No.16 of 2017 (SZ)


Applicant (s) Respondents

Saravanan Dakshinamurthy Vs. The Union of India


No.11A, Muthallamman Kovil Stre rep.by its Secretary, Ministry of
Selaiyur, Chennai 73 Environment and Forests,
Climate Change, Jorbagh,
New Delhi
2. The Union of India, rep. by its
Secretary, Ministry of Shipping
New Delhi
3. The Indian Coast Guard, rep by
Its Director General, Chennai
4. The State of Tamil Nadu, rep.
By its Director, Dept of Env &
Forest, Chennai
5. Kamarajar Port Ltd. Rep. by its
Chairman cum M.D, Chennai
6. M.T. Dawn Kanchipuram
Arya Voyagers , rep. by its M.D
Mumbai
7. M.T. BW Maple, rep. by its
Chairman, Chennai
8. The Central Pollution Control Bd
Rep. by its authorised officer
9. The Tamil Nadu Pollution
Control Board, Delhi

Legal Practioners for Applicant (s) Legal Practitioners for Respondents

Yogeshwaran A, Mr.Syed Nurullah Sheriff for R1


Neha Miriam Kurian Mr.Su Srinivasan for R2 & R3
Mr.M.K.Subramanian for R4
M/s.Krishna Ravindran
A.Charles Darwin &
S.Praveen Kumar for R5
Mr. S. Vasudevan for R6
Mr. Raghunathan, T.Poornam,
& Sharanya Vaidyanathan for R7
Mr.D.S.Ekambaram &
P. Jayalakshmi for R8
Mr.H.Yasmeen Ali for R9

Application No.38 of 2017 (SZ)

Applicant(s) Respondent(s)
Ashwini Kumar 1. Union of India
R/o. E-38, Greenwood City Ministry of Environment and Forests
Sector 46, Gurgaon 122003 New Delhi, through Secretary
2. Ministry of Shipping, through its
Director, New Delhi
3. State of Tamil Nadu
Through Chief Secretary, Chennai
4. Tamil Nadu State Pollution Control Board
Thro. Its Member Secretary, Chennai
5. Kamarajar Port Ltd., Chennai
6. Tamil Nadu Maritime Board, Chennai
7. Indian Oil Corporation, New Delhi
8. Tokio Marine Holdings Inc
Rep.in India thro
M/s.IFFCO Tokio General Ins.Co
Owners of MV Maple Galaxy
Gurgaon, Hasryana
9. M.T. Dawn Kanchipuram
Arya Voyagers , rep. by its M.D
Mumbai

Counsel appearing for applicant Counsel appearing for respondent/s

M/s. VSA Legal Advocates Mrs. Me. Saraswathy for R1


Mr. Su. Srinivasan for R2
Mr. M.K. Subramanian for R3
Mrs. Yasmeen Ali for R4 & R6
M/s.Krishna Ravindran
A.Charles Darwin &
S.Praveen Kumar for R5
Mr. S.Vasudevan for R9

Application No.40 of 2017 (SZ)


Applicant(s) Respondent(s)
P. Somasundaram 1. Union of India
Advocate Ministry of Environment and Forests
Delhi New Delhi, through Secretary
2. Union of India, rep.by its Secretary
Ministry of Shipping & Road Transport
And Highways, New Delhi
3. Director General of Shipping
Bombay
4. Central Pollution Control Board
Through its Chairman, New Delhi

Counsel appearing for applicant Counsel appearing for respondent/


M/s. P.V. Yogeswaan Mrs. Me. Saraswathi for R1
K. Maylsamty Mr. Su. Srinivasan R2 & R3
Mr.D.S.Ekambaram &
Mrs. P. Jayalakshmi for R4
M.A. No.32 of 2017

Note of the Orders of the Tribunal


Registry
Date: 13th March, 2017
Item No. 10
to 13 In all these applications, Central Pollution Control Board (CPCB) has

filed common reply after serving copies to the learned counsel appearing

on the other side. The 13th respondent Director General, Ministry of

Shipping in Application No.14 of 2017 has filed reply after serving copies

to the learned counsel appearing on the other side. Likewise, the 3rd

respondent in Application No.16 of 2017 Indian Coast Guard represented

by Director General, has also filed reply after serving copy to the learned

counsel appearing on the other side.

Mr.Vasudevan, learned counsel appearing for the 10th respondent

M.T.Dawn Kancheepuram in Application No.14 of 2017 has filed

appearance and seeks time to file reply in all these cases. Mr.Krishna

Ravindran, learned counsel appearing for the Kamarajar Port Ltd. has filed

reply after serving copies to the other side.

In Application No.38 of 2017, the 8th respondent is referred wrongly

as M.V. Maple Galaxy. As it is seen in the letter of the Principal

Secretary to Government of Tamil Nadu that the name of the vessel is

BW Maple with address for correspondence being Mapletree Business

City,17-02, 10, Pasir Panjang Road, Singapore 117438. Accordingly,

the name of the 8th respondent in Application No.38 of 2017 is changed as

BW Maple represented by BW VLGC. Ltd. having address for

correspondence at BW VLGC Ltd. Mapletree Business City, No.17-02, 10,

Pasir Panjang Road, Singapore 117438. The Registry shall make

necessary amendment in this regard. The learned counsel appearing for

the applicant undertakes to file fresh memo of parties.


Mr.S.Raghunathan, learned counsel undertakes to appear for the said

BW Maple and file reply on the next date of hearing.

We have heard learned counsel for the parties. After hearing the

learned counsel for all the parties, we direct that the pleadings should be

completed within 3 weeks from today. Pleadings include, reply, rejoinder

and documents and the documents and pleadings should be exchanged

much in advance and shall be filed before the Registry within 3 weeks from

today. The documents include the reports on the inspection of the shore

area by the State and Central Pollution Control Boards.

Post these applications on 26.04.2017 for further orders.

..........................................., JM
(Justice Dr.P.Jyothimani)

...........................................,EM
(Shri P.S. Rao)
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