Madras High Court
Thirumurugan vs Vijay Keshav Gokhale on 14 March, 2019
Bench: N.Kirubakaran, S.S.Sundar
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Cont.P.(MD)No.274 of 2019
in
W.P.(MD)No.3559 of 2018
Thirumurugan : Petitioner/Petitioner
Vs.
1.Vijay Keshav Gokhale
Union of India represented by the Principal Foreign Secretary,
Ministry of External Affairs,
E-Block, Central Secretariat,
New Delhi.
2.K.Subrahmaniyam, I.A.S.,
State of Tamil Nadu
Rep. by The Principal Secretary,
State of Tamil Nadu,
Home Department,
Fort St. George,
Chennai – 600 009.
3.Sameeran,
The Commissioner of Fisheries,
Administrative Office Building,
Teynampet,
Chennai – 600 006.
4.Veera Ragava Rao, I.A.S.,
The District Collector,
Office of the District Collector,
Ramanathapuram District.
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5.Om Prakash Meena,
The Superintendent of Police,
Ramanathapuram District. : Respondents/Respondents
PRAYER: Contempt Petition is filed under Section 11 of the
Contempt of Courts Act, 1971, praying to initiate contempt
proceedings against the contemnors for their willful disobedience of
the order of this Court in W.P.(MD)No.3559 of 2018, dated
22.02.2018 and punish them under the contempt of Court Act.
For Petitioner : Mr.R.Alagumani
For Respondent 1 : Mr.V.Kathirvelu,
Assistant Solicitor General
assisted by Mr.Subbiah
For Respondents 2 to 5 : Mr.K.Chellapandian,
Additional Advocate General
assisted by Mr.A.K.Baskarapandian
Special Government Pleader
***
ORDER
(Order of the Court was made by N.KIRUBAKARAN, J.) This Contempt Petition has been filed contending that the order of this Court dated 22.02.2018 has been violated.
2.Heard the learned Counsel appearing for the petitioner, the learned Assistant Solicitor General appearing for the first respondent and the learned Additional Advocate General appearing for the respondents 2 to 5.
http://www.judis.nic.in 3
3.It is represented by the State Government that the fishermen who are actively fishing have been identified by appointing a Committee and 15 numbers of country boats have been permitted for ferrying 249 fishermen to participate in the celebration of Annual feast of St. Antony's Church at Katchatheevu this year.
4.Paragraphs 4 and 5 of the counter affidavit filed by the fourth respondent are extracted usefully:
“4.It is submitted that as per proceedings of the Director of Fisheries, Chennai in R.C.No.3206/P1/2019, dated 26.02.2019, a committee was constituted to assess the Stability and Seaworthiness of traditional fishing boats which are proposed to be used for ferrying pilgrims to Katchatheevu for the St. Antony's Church festival. The Committee made field inspection on 06.03.2019 in Pamban and Olaikuda fishing villages and physically verified the traditional fishing boats which are proposed to be used for ferrying devotees (active fishermen) to Katchatheevu and back. Based on the observation of the committee members, the committee has opined that the devotees (active fishermen) ferrying to Katchatheevu in traditional fishing boat will be safe. Hence, the Committee recommended only the active fishermen except women and children and the active fishermen may be allowed to sail in country craft to Katchatheevu festival and back.
5.It is submitted that 15 Nos. of traditional fishing boats which are proposed to be used for ferrying pilgrims have been physically verified by the said Committee and the said 15 Nos. of country boats have been permitted for ferrying 249 fishermen to participate in the celebration of Annual feast of St. Antony's Church at http://www.judis.nic.in 4 Katchatheevu this year.”
5.From the above, it is clear that the Government have taken active steps by forming a committee to identify the active fishermen who are fishing in that area and 249 fishermen have already been allowed to participate in the celebration.
6.Recording the above, this Contempt Petition is closed.
No costs.
(N.K.K., J.) (S.S.S.R.,J)
14.03.2019
Index : Yes / No
Internet : Yes / No
srm
http://www.judis.nic.in
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To
1.The Principal Foreign Secretary, Ministry of External Affairs, E-Block, Central Secretariat, New Delhi.
2.The Principal Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009.
3.The Commissioner of Fisheries, Administrative Office Building, Teynampet, Chennai – 600 006.
4.The District Collector, Office of the District Collector, Ramanathapuram District.
5.The Superintendent of Police, Ramanathapuram District.
http://www.judis.nic.in 6 N.KIRUBAKARAN, J.
AND S.S.SUNDAR, J.
srm ORDER MADE IN Cont.P(MD)No.274 of 2019 in W.P.(MD)No.3559 of 2018 14.03.2019 http://www.judis.nic.in