W.P(MD)No.21493 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.21493 of 2019 and W.M.P.(MD) No.19447 of 2019 G.Thirumurugan ... Petitioner Vs. 1.The Union of India, Rep., by The Principal Secretary to the Government, Ministry of External Affairs, Union of India, Raisina Hill, New Delhi. 2.The Union of India, Rep., by The Principal Secretary to the Government, Ministry of Defence, Union of India, New Delhi. 3.The Union of India, Rep., by The Principal Secretary to the Government, Ministry of Home Affairs, Union of India, New Delhi. 4.State of Tamil Nadu, Rep., by The Principal Secretary, Home Department, State of Tamil Nadu, St. George Fort, Chennai. 5.The Director General of Police, Office of the Director General of Police, Dr. Radakrishnan Salai, Chennai. 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 6.The State of Tamil Nadu, Rep., by Fisheries Department, Fisheries Department, State of Tamil Nadu, St. George Fort, Chennai. 7.The District Collector, Office of the Collector, Ramanathapuram District. 8.The Superintendent of Police, Office of the Superintendent of Police, Collector Office Campus, Ramanathapuram District. 9.The District Collector, Office of the Collector, Kanyakumari District. 10.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District. 11.Union of India, Rep., by The Joint Secretary (Gulf), Ministry of External Affairs, Raisina Hill, New Delhi-1. 12.Union of India, Rep., by the Director (Gulf), Ministry of External Affairs, Raisina Hill, New Delhi-1. 13.The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jailsalmerhouse, Mansingh Road, New Delhi-110 011. ... Respondents [RR11 to 13 are impleaded vide Court order dated 21.10.2019 made in W.M.P.(MD) No.19041 of 2019 in W.P.(MD) No.21493 of 2019] 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, For Petitioner : Mr.R.Alagumani For RR1 to 3 and RR11 to 13 : Mr.R.Nandakumar For RR4, 6, 7 & 9 : Mr.P.Thilakkumar Government Peader For RR5, 8 & 10 : Mr.S.Ravi Additional Public Prosecutor O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted for a mandamus to direct the respondents to take immediate action to rescue the missing fisher men by names 1) K.Karmegam, aged 50 years, S/o.Kongamuthu, 2) T.Ramanathan, aged 38 years, S/o.Thyagaraj, 3) K.Kasinathan, aged 36 years, 4) R.Kasilingam, aged 23 years, S/o.Ramanath, residents of Thiruvadanai Taluk, Thondi, Ramnad District and another missing fisherman resident of Morpanni Village, Kanyakumari District. 2. The learned counsel for the petitioner would submit that one fisherman died and four fishermen are yet to be rescued. The 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 whereabouts of the fishermen are unknown and therefore, actions are to be initiated. 3. The fact remains that six years lapsed. In these circumstances, Writ Court may not be in a position to issue any direction on account of efflux of time. That apart, it is not clear that the fishermen are alive or not. There is no complaint from the members of the family. Under these circumstances, the relief as such sought for cannot be granted. However, in the event of declaration of death or the members of the family submitting any application under any of the welfare schemes applicable for fishermen, then the case is to be considered based on their application, if they are otherwise eligible. 4. This Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [S.S.Y., J.] 03.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 To 1.The Principal Secretary to the Government, Union of India, Ministry of External Affairs, Union of India, Raisina Hill, New Delhi. 2.The Principal Secretary to the Government, Union of India, Ministry of Defence, Union of India, New Delhi. 3.The Principal Secretary to the Government, Union of India, Ministry of Home Affairs, Union of India, New Delhi. 4.The Principal Secretary to Government, State of Tamil Nadu, Home Department, State of Tamil Nadu, St. George Fort, Chennai. 5.The Director General of Police, Office of the Director General of Police, Dr. Radakrishnan Salai, Chennai. 6.The State of Tamil Nadu, Rep., by Fisheries Department, Fisheries Department, State of Tamil Nadu, St. George Fort, Chennai. 7.The District Collector, Office of the Collector, Ramanathapuram District. 8.The Superintendent of Police, Office of the Superintendent of Police, Collector Office Campus, Ramanathapuram District. 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 9.The District Collector, Office of the Collector, Kanyakumari District. 10.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District. 11.The Joint Secretary (Gulf), Union of India, Ministry of External Affairs, Raisina Hill, New Delhi-1. 12.The Director (Gulf), Union of India, Ministry of External Affairs, Raisina Hill, New Delhi-1. 13.The Principal Secretary, Ministry of Overseas Indian Affairs, Union of India, Jailsalmerhouse, Mansingh Road, New Delhi-110 011. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.21493 of 2019 S.M.SUBRAMANIAM, J. and S.SRIMATHY, J. abr W.P(MD)No.21493 of 2019 03.07.2025 7/7 https://www.mhc.tn.gov.in/judis