Madras High Court
J.Brinso Raymond vs The Union Of India on 21 February, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.P.(MD) No.3903 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.3903 of 2024
and W.M.P.(MD) No.3791 of 2024
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.3903 of 2024
5.The Thasildhar,
Rameswaram,
Ramanathapuram District.
6.Fr.A.Santhiyagu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to
issue a Writ of Mandamus, directing the respondents to provide protection and
permission to the fisherman to visits as pilgrims from Tamil Nadu to
Katchatheevu through their Fiberglass Reinforced Plastic Motorized Vallam to be
held on 23.02.2024 and 24.02.2024 by considering the petitioner's representation
dated 12.02.2024 and pass appropriate orders on merits and in accordance with
law within the period that may be stipulated by this Hon'ble Court.
.
For Petitioner : Mr.M.Jerrin Mathew
For Respondents : Mr.K.Govindarajan,
Deputy Solicitor General of India for R1
Mr.P.Thilakkumar
Government Pleader for R2 to R5
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to provide protection and permission to the fishermen to visit as pilgrims from Tamil Nadu to Katchatheevu through their Fiberglass ____________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3903 of 2024 Reinforced Plastic Motorized Vallam to be held on 23.02.2024 and 24.02.2024 by considering the petitioner's representation dated 12.02.2024.
2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the 6th respondent also, notice to the 6th respondent is dispensed with.
3. According to the petitioner, he made a representation dated 12.02.2024, to the respondents to provide protection and permission to the fishermen to visit as pilgrims from Tamil Nadu to Katchatheevu through their Fiberglass Reinforced Plastic Motorized Vallam and since the same has not been considered so far, the petitioner is constrained to approach this Court by filing the present Writ Petition.
4. According to the learned counsel for the petitioner, though the petitioner has sought for a larger relief, he would be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3903 of 2024 dated 12.02.2024 on merits and in accordance with law, to provide protection and permission to the fishermen to visit as pilgrims from Tamil Nadu to Katchatheevu through their Fiberglass Reinforced Plastic Motorized Vallam.
5. Considering the limited scope of the prayer now sought for by the petitioner, without going into the merits of the claim made by the petitioner either in the Writ Petition or in the representation, this Court directs the fourth respondent to consider the representation of the petitioner dated 12.02.2024 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the petitioner.
6. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
[D.K.K., J.] [R.V., J.]
21.02.2024
Index : Yes / No
Internet : Yes / No
SJ
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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 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3903 of 2024 D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
SJ W.P.(MD) No.3903 of 2024 21.02.2024 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis