Madras High Court
For Petitioner : Mr vs Union Of India on 5 August, 2014
Author: M. Sathyanarayanan
Bench: Sanjay Kishan Kaul, M.Sathyanarayanan
In the High Court of Judicature at Madras
Dated: 05.08.2014
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice
and
The Honourable Mr. Justice M.SATHYANARAYANAN
Writ Petition Nos.25524 and 25525 of 2013
Fisherman Care
Registered Association
bearing S.L.No.386 of 2010
rep. by its President L.T.A.Peter Rayan
No.6, Nagalakshmi Salai
Tiruchandur Nagar, Old Pallavaram
Chennai 600117. .. Petitioner in both petitions
vs.
1. Union of India
rep. by the Secretary
Ministry of External Affairs
New Delhi.
2. Union of India
rep. by the Secretary
Ministry of Defence
New Delhi.
3. The Chief Secretary to
Govt. of Tamilnadu
Fort St. George
Chennai 600 009. .. Respondents in both
petitions.
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PRAYER: Writ Petition No.25524 of 2013 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to take diplomatic steps to release the fisherman from Tamil Nadu languishing in Sri Lankan prison and further direct the respondents to take up the issue of Indian fisherman from Tamil Nadu frequently attacked and arrested by the Sri Lankan Navy with the Sri Lankan Government diplomatically and find out a permanent solution to the issue.
Writ Petition No.25525 of 2013 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to clarify the statement made by the Hon'ble Minister for External Affairs on the floor of the Parliament on 22.8.2013 with regard to Indian fisherman from Tamil Nadu crossing International Maritime boundary line.
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For Petitioner : Mr. V. Raghavachari
for Mr. L.P. Maurya
For Respondents : Mr. K. Mohanamurali
Sr. Panel Counsel for R1 & R2
Mr. S.T.S. Moorthy
Govt. Pleader for R3.
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COMMON ORDER
(Made by The Hon'ble The Chief Justice) The issue at hand dealing with the rights of fishing in the water between India and Sri Lanka in terms of the 1974 Agreement between India and Sri Lanka, brooks no easy solution.
2. The State Government being the third respondent has one stand which wishes to favour the petitioner/fisherman, while the stand of the Union of India is different based on the plea of International Maritime Boundary Line.
3. It is pointed out that the Hon'ble Supreme Court is already in seisin of the dispute in two writ petitions filed under Article 32 of the Constitution of India being Writ Petition (Civil) Nos.561 of 2007 and 430 of 2013. In fact, the lis prays therein to direct the Union of India to annexe Katchatheevu island.
4. Learned counsel appearing for the petitioner submits that he is conscious of the aforesaid issue pending before the Hon'ble Supreme Court and thus does not seek to go so far as that, but prays that some practicable solution may be found while looking into the grievances of the fishermen. Such an issue, it is submitted, is capable of resolution by taking up the matter diplomatically, so that the fishermen do not languish in Srilankan jails for long period of time even if they transgressed the maritime boundary line inadvertently.
5. The learned counsel for the Union of India states that every endeavour shall be made to look into the problems of the fishermen and see what is the appropriate practicable solution possible, complying the international obligations of India and the needs of the fishermen.
6. The aforesaid statement is taken on record and these petitions stand disposed of with the hope that the Union of India would surely look into the problem of the fishermen and endeavour to find a reasonable solution to the problem. No costs.
[S.K.K., CJ] [M.S.N., J.]
ATR 5th August, 2014.
To
1. The Secretary
Union of India
Ministry of External Affairs
New Delhi.
2. The Secretary
Union of India
Ministry of Defence
New Delhi.
3. The Chief Secretary to Govt. of Tamilnadu
Fort St. George
Chennai 600 009.
The Hon'ble The Chief Justice
and
M. SATHYANARAYANAN,J.
ATR
W.P. Nos. 25524 & 25525 of 2013
05.08.2014