Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

The Kerala High Court has held that the Port Trust Authority is empowered to take decisions regarding movement of vessels, boats, watercrafts within port waters to ensure the safety and security of passengers and watercraft. The Court was considering challenge against an order of the Deputy Conservator of the Port Trust, which mandated the closure of a fuel bunk jetty. “Port Trust is the competent authority, as envisaged under the erstwhile Major Port Trusts Act, 1963, and under the Major Port Authorities Act, 2021 to take steps to regulate the movement of vessels, boats, and other watercrafts within the port waters…It is clarified that the Port Authority shall be free to take a decision as empowered under the law and following the mandates of the Act and the Rules, keeping in mind the safety and security of the passengers and watercrafts that navigate through the port waters.” Background Facts The petitioner has held a Jetty license since 1963 from the Cochin Port Trust near Fort Kochi's Junkar Jetty. On August 26, 2015, a tragic collision occurred about 90 meters from his jetty, involving a fishing and passenger boat, resulting in 11 deaths Following accident, Deputy Conservator of Cochin Port Trust issued a notice to stop the operation of his fuel bunk jetty, stating that collision might The notice was issued without hearing the petitioner stating that the tragic accident might since his jetty is located closer to junkar, ferry boat and tourist jetties in Fort Kochi.