Madras High Court
G.Thirumurugan @ Theeran Thirumurugan vs Union Of India on 28 March, 2022
Bench: Munishwar Nath Bhandari, D.Bharatha Chakravarthy
W.P.(MD) Nos.23290 of
2021 & 3442 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.3.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD) Nos.23290 of 2021 & 3442 of 2022
WMP (MD) Nos.19721 of 2021 & 272 of 2022
WP(MD) No.23290 of 2021
G.Thirumurugan @ Theeran Thirumurugan .. Petitioner
Vs.
1. Union of India
rep. by the Secretary
Ministry of External Affairs
Government of India
South Block
New Delhi 110 011.
2. State of Tamil Nadu
rep. by the Principal Secretary
Department of Animal Husbandry, Dairying,
Fisheries and Fishermen Welfare
State of Tamil Nadu
Fort St. George, Secretariat
Chennai 600 009.
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W.P.(MD) Nos.23290 of
2021 & 3442 of 2022
3. The Commissioner of Fisheries and
Fishermen Welfare
Tamil Nadu Fisheries Development Corporation
Limited (TNFDC)
Integrated Animal Husbandry and Fisheries Building
Nandanam
Chennai 600 035.
4. The District Collector
Ramanathapuram District
Ramanathapuram. .. Respondents
WP (MD) No.3442 of 2022
Armstrong Fernando .. Petitioner
Vs.
1. Union of India
rep. by its Secretary
Ministry of External Affairs
Government of India
Jawaharlal Nehru Bhavan
Janpath Road, New Delhi.
2. Government of Tamil Nadu
rep. by its State Secretary
Ministry of External Affairs
68, College Road, EVK Sampath Maligai
Nungambakkam, Chennai.
3. Government of Tamil Nadu
rep. by its Chief Secretary
St. George Fort, Chennai.
4. Srilanka's High Commissioner to India
High Commission of Sri Lanka
No.27, Kautilya Marg, Chanakyapuri
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W.P.(MD) Nos.23290 of
2021 & 3442 of 2022
New Delhi 110 021. .. Respondents
Prayer: WP(MD) No.23290 of 2021 - Petition filed under Article 226 of
The Constitution of India praying for a writ of Mandamus directing the
respondents 1 and 2 to take appropriate action for the release of 68
Tamil Nadu Fishermen and their boats from the custody of Sri Lankan
Navy and Coast Guard and hand over them to their relatives in
accordance with law within the time stipulated by this Court.
WP(MD) No.3442 of 2022 - Petition filed under Article 226 of The
Constitution of India praying for a writ of Mandamus directing the
respondents to enforce Article 5 and 6 of "Agreement between Srilanka
and India on the boundary in Historic Quarters between the two
countries and related matters 26 and 28 June 1974" and release the
illegally detained 68 fishermen and 21 boats.
For Petitioner : Mr.M.Radhakrishnan
For Mr.Alagumani.R
in WP (MD) No.23290/21
No appearance
in WP (MD) No.3442/22
For Respondents : Mr.V.Chandrasekaran
for R1 in both WPs.
Mr.R.Shumugasundaram
Advocate General
Assisted by Mrs.R.Anitha
Spl. Govt. Pleader &
Ms.A.G.Shakeenaa
for R2 to R4 in
WP (MD) No.23290/21
& for R2 & R3 in
WP (MD) No.3442/22
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W.P.(MD) Nos.23290 of
2021 & 3442 of 2022
COMMON ORDER
(Order of the Court was made by the Hon'ble Chief Justice) We have heard the learned counsel appearing for the respective parties.
2. The writ petitions have been filed for the release of Tamil Nadu fishermen, who were taken into custody with their boats by the Sri Lankan Navy and Coast Guard.
3. A reference to Articles 5 and 6 of the Agreement between Srilanka and India on the boundary in Historic Quarters between the two countries and related matters 26 and 28 June 1974 has been made.
4. This Court passed a detailed order on 31.12.2021 giving out the efforts already taken by the Government of India through the diplomatic channels.
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5. The learned counsel appearing for one of the petitioners submits that those efforts through diplomatic channels have to be continued so that 68 fishermen, who were arrested, may be released at the earliest.
6. Though we find that efforts were made by the Government of India through the diplomatic channels with the assistance of the Government of Tamil Nadu, yet some more efforts are required to be made so that 68 fishermen may get released at the earliest and for that purpose if there exists an agreement, it can be invoked.
7. Since the arrest of 68 fishermen is affecting their respective families, we trust that the Government of India would make all the efforts for the release of 68 fishermen, who were taken into custody by the Sri Lankan Navy and Coast Guard. Accordingly, a copy of this order may be sent to the respondents to take efforts to get all the fishermen released.
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8. With the above observation, the writ petitions are disposed of.
Consequently, the connected miscellaneous petitions are closed. There will be no order as to costs.
(M.N.B., CJ.) (D.B.C.J.)
28.3.2022
Index : Yes/No
To:
1. The Secretary
Ministry of External Affairs Government of India South Block New Delhi 110 011.
2. The Principal Secretary Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare State of Tamil Nadu Fort St. George, Secretariat Chennai 600 009.
3. The Commissioner of Fisheries and Fishermen Welfare Tamil Nadu Fisheries Development Corporation Limited (TNFDC) Integrated Animal Husbandry and Fisheries Building Nandanam Chennai 600 035.
4. The District Collector Ramanathapuram District ___________ Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.23290 of 2021 & 3442 of 2022
5. The State Secretary Ministry of External Affairs 68, College Road, EVK Sampath Maligai Nungambakkam, Chennai.
6. The Chief Secretary St. George Fort, Chennai.
7. Srilanka's High Commissioner to India High Commission of Sri Lanka No.27, Kautilya Marg, Chanakyapuri New Delhi 110 021.
RS ___________ Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.23290 of 2021 & 3442 of 2022 M.N.BHANDARI, CJ AND D.BHARATHA CHAKRAVARTHY,J RS W.P.(MD) Nos.23290 of 2021 & 3442 of 2022 28.3.2022 ___________ Page 8 of 8 https://www.mhc.tn.gov.in/judis