Madras High Court
Fisherman Care vs Union Of India on 31 August, 2023
Author: Sanjay V.Gangapurwala
Bench: Sanjay V.Gangapurwala
W.P(MD)No.15224 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.08.2023
CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P(MD)No.15224 of 2023
and
W.M.P(MD)No.12830 of 2023
Fisherman Care,
Registered Association,
Bearing S.L.No.386/2010,
Rep by its President,
L.T.A. Peter Rayan,
No.6, Nagalakshmi Salai,
Tiruchandur Nagar,
Old Pallavararam,
Chennai-600 117. ... Petitioner
vs.
1. Union of India,
Rep by the Secretary,
Ministry of Law and Justice,
New Delhi.
2. The Secretary,
Ministry of External Affairs,
Government of India,
New Delhi-110 001.
3. State of Tamil Nadu,
Secretary to Government,
Department of Animal Husbandry,
Dairying and Fisheries Department,
Fort St.George,
Chennai-600 009. ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.15224 of 2023
Prayer : Petition filed under Article 226 of the Constitution of
India, for issuance of a Writ of Mandamus, directing the 2nd
respondent to take diplomatic steps to release the 22 fishermen
arrested by the Sri Lankan Navy while they were fishing in the historic
waters between India and Sri Lanka and consequently direct the 1st
and 2nd respondents to take diplomatic steps to terminate the 1974
Agreement between Sri Lanka and India on the boundary of historic
waters between the two countries and related matters entered on 26th
and 28th of June 1974 and retrieve Katchatheevu which was illegally
ceded to Sri Lanka.
For Petitioner : No appearance
For R1 & R2 : Mr.K.Govindarajan
Deputy Solicitor General of India
For R3 : Mr.P.Thilakkumar
Government Pleader
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for respondent Nos.1 and 2 and Mr.P.Thilakkumar, learned Government Pleader appearing for respondent No.3. None appears for the petitioner.
2. It is submitted that 22 fishermen who are the subject matter of the writ petition, have been released on 14.07.2023.
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3. The petitioner also seeks further relief, that is, to direct the respondent Nos.1 and 2 to take diplomatic steps to terminate the 1974 Agreement between Sri Lanka and India on the boundary of historic waters between the two countries and related matters entered on 26th and 28th of June 1974 and retrieve Katchatheevu which was illegally ceded to Sri Lanka.
4. The said prayer is qua the policy decision to be taken by the Government at the Centre. It would not be possible to issue such direction in the present matter. It is for the Government at the Centre to consider the issue.
5. With these observations, the Writ Petition is disposed of.
No costs. Connected miscellaneous petition is closed.
[S.V.G., C.J.] [C.K., J.]
31.08.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
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1. The Secretary, Union of India, Ministry of Law and Justice, New Delhi.
2. The Secretary, Ministry of External Affairs, Government of India, New Delhi-110 001.
3. The Secretary to Government, State of Tamil Nadu, Department of Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai-600 009.
https://www.mhc.tn.gov.in/judis Page 4 of 5 W.P(MD)No.15224 of 2023 THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.
bala W.P(MD)No.15224 of 2023 31.08.2023 https://www.mhc.tn.gov.in/judis Page 5 of 5