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[Cites 1, Cited by 0]

Madras High Court

J.Brinso Raymond vs The Union Of India on 3 February, 2026

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                  W.P.(MD) No.2926 of 2026



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 03.02.2026

                                                             CORAM:

                                    THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                       and
                                   THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN


                                               W.P.(MD) No.2926 of 2026
                                                          and
                                          W.M.P.(MD) Nos.2409 & 2412 of 2026


                 J.Brinso Raymond                                                               ... Petitioner
                                                                 -vs-

                 1.The Union of India
                   rep.by its Principal Foreign Secretary
                   Ministry of External Affairs
                   E-Block, Central Secretariat
                   New Delhi

                 2.The District Collector
                   Ramanathapuram District
                   Ramanathapuram

                 3.The Commissioner of Fisheries
                   Administrative Office Building
                   Thenampet, Chennai-06

                 4.The Assistant Director of Fisheries
                   Fisheries Department
                   Olaikuda Post
                   Rameswaram Taluk
                   Ramanathapuram


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                                                                                        W.P.(MD) No.2926 of 2026




                 5.The Thasildhar
                   Rameswaram
                   Ramanathapuram District

                 6.Co-ordinator
                   Vercode Saint Soochaiappar Church
                   Vercode, Rameswaram                                                                ... Respondents


                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

                 a writ of certiorarified mandamus calling for records relating to the impugned

                 proceedings          of   the     1st   respondent           in    COLREV/2522/2025-C4            dated

                 12.03.2025 and the consequential impugned order passed by the 4th

                 respondent in Na.Ka.No.2762/E/2024 dated 06.06.2025 and quash the same

                 as illegal and consequently direct the respondents to provide protection and

                 permission to the traditional fisherman to visits as pilgrims from Tamil Nadu

                 to Katchatheevu through their Fiberglass Reinforced Plastic Motorized Vallam

                 within the period that may be stipulated by this Court.


                                  For Petitioner         : Mr.M.Jerin Mathew

                                  For Respondents        : Mr.K.Govindarajan
                                                           Deputy Solicitor General of India for R1
                                                           Mr.P.Thilakkumar
                                                           Government Pleader for R2 to R5




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                                                                                   W.P.(MD) No.2926 of 2026



                                                            ORDER

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The present public interest litigation is filed seeking issuance of a writ of certiorarified mandamus to call for the records pertaining to the proceedings of the District Collector, Ramanathapuram, dated 12.03.2025 and the consequential proceedings issued by the Assistant Director of Fisheries, Fisheries Department, dated 06.06.2025, declining the request of the petitioner to travel in the fibre boat to Katchatheevu during the annual festival of St.Anthoniyar Church, and to quash the same

2. Learned counsel for the petitioner submits that the traditional fishermen of Olaikuda Village used to visit Katchatheevu during the festival of St.Anthoniyar Church by using their boats and catamarans. Due to change in the political scenario, travel to Katchatheevu is restricted. In the said circumstances, a representation was made to permit the traditional fishermen to visit Katchatheevu by using their fibre boats. The said request has been declined by the respondents by the impugned proceedings citing risk factor. ____________ Page 3 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/02/2026 01:12:33 pm ) W.P.(MD) No.2926 of 2026

3. Citing the order of the Division Bench of this Court dated 22.02.2018 in W.P.(MD) No.3308 of 2018 etc., batch, wherein, this Court has recognized the right of the fishermen to visit Katchatheevu during the festival of St.Anthoniyar Church, without travel documents or visas from the Government of Srilanka and the suggestion to the Government to use mechanised fishing vessel to ferry passengers in future, learned counsel for the petitioner would emphasise that until the Government makes alternative arrangements to engage ferry passenger vessels for the transportation of pilgrims, the traditional fishermen must be allowed to use their fibre boats fitted with motor engines to visit Katchatheevu.

4. On perusal of the impugned proceedings as well as the earlier order passed by this Court, we find that permission to use country boats or fibre boats by the individuals to visit Katchatheevu during the festival of St.Anthoniyar Church has never been entertained by the Court or by the Government. Taking into consideration the security of the individuals, travel to Katchatheevu has been regulated by the Government and there cannot be any deviation or exception to the said regulations. The suggestion of this Court made earlier to the Government for using the mechanised fishing vessel ____________ Page 4 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/02/2026 01:12:33 pm ) W.P.(MD) No.2926 of 2026 to ferry passengers is only a suggestion and not a mandate. It is upto the Government to consider the said suggestion and to implement it. As observed in the impugned proceedings, the concern for the safety of passengers travelling in fibre boats, which are not meant for ferrying passengers, is well- meant and reasonable. Therefore, the request of the petitioner to permit him to use fibre boat for transporting passengers to Katchatheevu is not permissible. Therefore, the impugned proceedings of the District Collector, Ramanathapuram, dated 12.03.2025 and the consequential proceedings issued by the Assistant Director of Fisheries, Fisheries Department, dated 06.06.2025, are upheld.

5. In the result, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

                                                                    [G.J., J.]            [K.K.R.K., J.]
                                                                               03.02.2026
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

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                                                                              W.P.(MD) No.2926 of 2026




                 To:
                 1.The Principal Foreign Secretary,
                   Ministry of External Affairs,
                   Union of India,
                   E-Block, Central Secretariat,
                   New Delhi.

                 2.The District Collector,
                   Ramanathapuram District,
                   Ramanathapuram.

                 3.The Commissioner of Fisheries,
                   Administrative Office Building,
                   Thenampet, Chennai-06.

4.The Assistant Director of Fisheries, Fisheries Department, Olaikuda Post, Rameswaram Taluk, Ramanathapuram.

5.The Thasildhar, Rameswaram, Ramanathapuram District.

____________ Page 6 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/02/2026 01:12:33 pm ) W.P.(MD) No.2926 of 2026 DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk W.P.(MD) No.2926 of 2026 and W.M.P.(MD) Nos.2409 & 2412 of 2026 03.02.2026 ____________ Page 7 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/02/2026 01:12:33 pm )