Adv.(Capt) V J Pushpakumar v. Director General of Shipping

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed under Article 226 of the Constitution of India seeks for a writ of mandamus in the nature of public interest litigation forbearing the respondents from the entry of all types of Vessels/Crafts/watercrafts entering Tamil Nadu Territorial waters holding Protection and Indemnity Certificate issued by Maritime Mutual Insurance Association (NZ) Limited for wreck removal and others enabling fly-by-night operators to trade on Tamilnadu Coast and Indian coast and also to restrain Non-IACS, Non-IGP Vessels to enter the coast of Tamil Nadu.

¶2During the pendency of the writ petition, the Directorate General of Shipping, Ministry of Ports, Shipping and Waterways, Mumbai, has issued a circular dated 16.06.2026 revoking the approval granted to Maritime Mutual Insurance Association (NZ) Ltd. for providing Non-IG Protection and Indemnity (P&I) Insurance to vessels calling at Indian Ports. Paragraphs 4 and 5 of the circular are reproduced below: "4. In view of the above, and upon consideration of the implications of continuing recognition of an insurer that is presently under sanctions by a foreign government authority, the approval/ acceptance granted to Maritime Mutual Insurance Association (NZ) Ltd. for providing Non-IG P&I Insurance cover for vessels calling at Indian Ports under Rule 2(e) of the Merchant Shipping (Regulation of Entry of Ships into Ports, Anchorages and Offshore Facilities) Rules, 2012 is hereby revoked with immediate effect.

¶5Accordingly, with effect from the date of this notice, any vessel arriving at or seeking entry to any Indian Port, terminal, anchorage or offshore facility, and relying upon P&I Insurance cover issued by Maritime Mutual Insurance Association (NZ) Ltd., shall not be treated as carrying acceptable P&I cover for the purpose of regulatory compliance in accordance with the Merchant Shipping (Regulation of Entry of Ships into Ports, Anchorages and Offshore facilities) Rules, 2012, and such vessel shall not be granted necessary entry clearance/port clearance/related operational permissions unless and until acceptable alternative insurance cover from an insurer acceptable to the competent Indian authorities is furnished."

¶3In view of the above, the issue raised in this writ petition has been addressed and therefore, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)

14.08.2026 Index : Yes/No : Yes/No sra To

¶1The Director General of Shipping C/o.Principal Officer, Anchor Gate Building, 2nd Floor, Rajaji Salai, George Town, Chennai, Tamilnadu 600 001.

¶2The Director General of Shipping, Surveyor-in-charge (Additional in-charge) Mercantile Marine Department/Turicorin New Port Area, Tuticorin 628 004.

¶3Tamil Nadu Maritime Board, No.171 South Kesavaperumal Puram Off., Greenways Road, Raja Annamalaipuram, Chennai 600 028.

¶4The Chairman, Port of Chennai, No.1, Rajaji Salai, Chennai 600 001.

¶5The Chairman Kamarajar Port Limited, No.17, Jawahar Building, Rajaji Road, Chennai, Tamil Nadu 600 001.

¶6The Director, Karaikal Port Private Limited, Khezhavanjoor Village, T.R.Pattinam, Karaikal, India 609 602.

¶7The Director, Kattupalli Port, Kattupalli Road, Kattupalli, Tamil Nadu 600 120.

¶8The Secretary, Ministry of Environment and Forest, 129, Cathedral Garden Road, Teynampet, Gangai Karai Puram, T.Nagar, Chennai, Tamil Nadu 600 006.

¶9The Secretary, Ministry of Ports and Shipping, Parivahan Bhavan, 1, Parliament Street, New Delhi.

¶10The Director General of Shipping, 9th Floor, Beta Building, Think Techno Campus, Kanjurmarg (East), Mumbai 400 042.

¶11New Zealand Embassy in India Sir Edumud Hillary Marg Chanakyapuri 110 021, New Delhi.

¶12The Chairperson, Insurance Regularoty and Development Authority of India, Gate No.3, Jeevan Tara Building, 1st Floor, Sansad Marg, New Delhi 110 001. THE HON'BLE CHIEF JUSTICE AND

G.ARUL MURUGAN, J.

(sra)

14.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.08.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Adv. (Capt.) Pushpakumar .. Petitioner -vs- 1. Director General of Shipping C/o.Principal Officer, Anchor Gate Building, 2nd Floor, Rajaji Salai, George Town, Chennai, Tamilnadu 600 001. 2. Director General of Shipping, Surveyor-in-charge (Addl in-charge) Mercantile Marine Department, Turicorin New Port Area, Tuticorin 628 004. 3. Tamil Nadu Maritime Board, No.171 South Kesavaperumal Puram Off. Greenways Road, Raja Annamalaipuram, Chennai 600 028. 4. V.O.Chidambaranar Port Trust 3b, World Trade Ave, Harbour Estate, Turicorin Beach Road Salt Pans, Thoothukudi, Tamil Nadu 628 004. 5. The Chairman, Port of Chennai, No.1, Rajaji Salai, Chennai 600 001. 6. The Chairman Kamarajar Port Limited, No.17, Jawahar Building, Rajaji Road, Chennai, Tamil Nadu 600 001. 7. The Director, Karaikal Port Private Limited, Khezhavanjoor Village, T.R.Pattinam, Karaikal, India 609 602. 8. The Director, Kattupalli Port, Kattupalli Road, Kattupalli, Tamil Nadu 600 120. 9. The Secretary, Ministry of Environment and Forest, 129, Cathedral Garden Road, Teynampet, Gangai Karai Puram, T.Nagar, Chennai, Tamil Nadu 600 006. 10. The Secretary, Ministry of Ports and Shipping, Parivahan Bhavan, 1, Parliament Street, New Delhi. 11. The Director General of Shipping, 9th Floor, Beta Building, i-Think Techno Campus, Kanjurmarg (East), Mumbai 400 042. 12. New Zealand Embassy in India Sir Edmund Hillary Marg Chanakyapuri 110 021, New Delhi. 13. The Chairperson, Insurance Regulatory and Development Authority of India, Gate No.3, Jeevan Tara Building, 1st Floor, Sansad Marg, New Delhi 110 001. 14. The President, The Chennai and Ennore Ports Steamer Agents Association, New No.63, Old No.32, Broadway Road, Broadway, Chennai 600 108. Tamil Nadu, India. 15. The President, Tuticorin Ship Agents Association, Shipping House A-14, World Trade Avenue, Tuticorin 628 004. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to forbear the respondents from the entry of all types of Vessels/Crafts/watercrafts entering Tamil Nadu Territorial waters which to restrain from entering into any major or minor ports on the coast of Tamilnadu holding Protection and Indemnity certificate issued by Maritime Mutual Insurance Association (NZ) Limited which is a shell company engaged in issuing Protection and Indeminity certificates for Wreck Removal and others enabling fly -by-night operators to trade on Tamilnadu Coast and Indian coast and also to restrain Non IACS NON IGP Vessels to enter the coast of Tamil Nadu. For Petitioner : Mr.Capt.V J Pushpakumar Party-in-person For Respondents : Mr.R.Sanjay Stdg. Counsel for Central Govt. for RR 1, 2, 9, 10 & 11 * * *