Tanur (Malappuram): Sometime in September 2022, Nisar -- a fisherman and owner of two small recreational boats -- wrote to Malappuram collector and the district police chief highlighting the alleged flouting of rules by a tourist boat named Kapico.
The collector investigated the complaint and the Tirur tahsildar took the boat off the dock from Thooval Theeram, said Nisar. "I had also sent the same complaint to the Port Officer in Kozhikode. But there was no action," he said.
But Kapico, then a black-colour boat, is back. This time in painted all white and labeled Jai Hanuman, he said.
Nisar alleges Atlantic, the recreational boat that turned turtle in Tanur's Poorapuzha River killing 22 persons on Sunday, has the same backend team. Atlantic and Kapico share the same shrank responsible for steering the boats.
Nassar Patarakath, the owner of Atlantic, announced the service of his recreational boat would begin on April 15, Vishu Day from Thooval Theeram, the estuary of Poorapuzha River.
Nisar, who runs two eight-seater tourist boats, was aghast on seeing the launch of the Atlantic. "The design was flawed. And on top of it, Nasar's men were taking tourists double the capacity," he said.
The local councillor K P Nisamudeen, an experienced fisherman who has worked in big boats in Abu Dhabi, saw the imminent danger posed by Atlantic and its rash owner. The boat was taking people for trips even after the 6 pm deadline.
"I wrote to the DTPC (District Tourism Promotion Council) and also to the police. But there was no response," he said. The Ottumpuram councillor then called up the police station for immediate action.
Fisherman Ali Akbar (40) said the recreational trips were a big threat to the children because they came in large numbers. "But who is listening!"
On April 22, Eid Day, the police asked all four boats to halt service till their papers are clear.
"But the very next day, Atlantic resumed service. It is not yet registered with Port Department," said the councillor.
If the police were strict and did not allow the boat to resume service, 22 lives could have been saved, he said. "We should know on whose direction did the police allow the boat to resume service," he said.
Nassar pays a premium
Nassar Patarakath bought an old 15-seater fishing boat for Rs 1 lakh, said his rival Nisar. The seller was one Kabir, who bought it for Rs 20,000, he said.
Nassar Patarakath then took the vessel to an unaccredited boatyard at Azhikkal near Ponnani.
According to the Kerala Inland Vessels (KIV) rules, boats should be built or modified only at KIV-accredited yards. Nisar, who was tracking the boat's evolution, said Nassar spent around Rs 8 lakh to convert the fishing boat to a tourist boat. "But it is still profitable. A tourist boat with 25 to 30 seats would cost Rs 30 lakh. My eight-seater boat was Rs 7 lakh," he said.
In February, Nisar filed an RTI with the Kerala Maritime Board asking if boats made without permission or design approval from a naval architect can ply on Kerala waters.
In its reply, Kerala Maritime Board replied: "KIV (Kerala Inland Vessels) rule does not allow for the registration of boats built or modified without prior permission." But it has registered boats that have got fitness certificates from the government.
To another question, it said only yards accredited as per KIV rule are permitted to build new boats. But again, Kerala Maritime Board had initiated steps if it got applications through adalat, which is the government's grievance redressal forum.
Nassar's boat did not have design approval nor was it modified in an NIV-approved yard. It had not cleared the stability test done to check if the boat would be steady even if all the passengers moved to one side of the vessel.
On January 12, Nassar applied for registering his boat with the registering authority, which is the Beypore Port Officer in Kozhikode.
But officials were not inclined to process it.
On February 28, CEO of Kerala Maritime Board T P Salim Kumar, an IRS officer, wrote to the Registering Authority and the Alappuzha Port Officer drawing attention to Nassar's application.
The boat in question, he wrote, has been constructed without obtaining prior permission or the application fee. According to Section 87 (2) of the Inland Vessel Act, 2021, there is a provision to impose a fine of Rs 10,000 if a boat is built in violation of these rules. "Hence, it is directed to take further steps to check the safety standards, including the stability, of the said boat during the survey and issue its registration after levying the penalty as per Act IV, 2021."
When contacted, Salim Kumar said he had acted as per the law but refused to answer further queries.
The same day Salim Kumar wrote the note, the Beypore Port Registry initiated the process to register the boat.
CUSAT's Department of Ship Technology, the accredited agency, conducted the stability test and certified it. "I don't know the details of the boat. But we conduct stability test to find the passenger capacity and how the boat will hold when all the passengers move to one side of the boat," said Prof Satheesh Babu P K, head of the Department of Ship Technology.
He said the boat did not have permission to carry passengers on the upper deck. "But people rush to the upper deck for a better view. We lack a safety culture. We should instill that in ourselves," he said.
Once CUSAT gave the stability certificate, the Port's Chief surveyor inspected Atlantic and issued the survey certificate on April 12.
The Beypore Port Officer was in the process of registering Atlantic when it capsized.
