DMK President M. Karunanidhi on Friday May 10,2013 moved the
Supreme Court seeking a direction to the Government of India to retrieve
Katchatheevu as part of Tamil Nadu and consequently an integral part of
India.
DMK President M. Karunanidhi in his petition, the former Tamil Nadu Chief
Minister sought a declaration that the agreement between India and Sri
Lanka dated June 26 and 28, 1974 and the agreement dated March 23, 1976,
and the related communications pertaining to such agreements,
surrendering Katchatheevu to Sri Lanka, as unconstitutional and void.
DMK President M. Karunanidhi sought a direction to the Union of India to take appropriate actions to
restore the pre-existing historic rights of the fishermen of Tamil Nadu
to fish in the waters surrounding the island, take rest, dry their net,
worship in the Saint Antony’s Church there and participate in the
festival in the church
DMK President M. Karunanidhi wanted a direction to protect the historic fishing rights and other
traditional rights of Tamil Nadu fishermen in the historical waters of
Palk Strait and Palk Bay and the historic waters around the island of
Katchatheevu
DMK President M. Karunanidhi said in his petition -
“The issue
involved in this writ petition is the unconstitutional ceding of the
island of Katchatheevu by the Prime Minister of India to the Island
nation of Sri Lanka, completely disregarding the constitutional
provisions and totally ignoring the federal polity of our country which
is an integral part of the basic structure of the Constitution.
“Katchatheevu
is an uninhabited island located about ten miles North East of
Rameswaram on the Indian side and Nine miles of south of Delft Island on
the Sri Lankan side. It has an area of 285.20 acres and is one mile and
300 yards at its widest. It has no permanent population and does not
possess any economic wealth.
But the sea waters surrounding it are rich
in marine life, especially prawns and a favourite fishing place for
Indian fishermen in the districts of Ramanathapuram, Pudukkottai,
Thanjavur and Nagapattinam, who use the island as their resting place
while drying their nets.
“The agreement is ex-facie
unconstitutional for want of constitutional amendment under Article 368
of the Constitution and being inconsistent with the law declared by the
Supreme Court in ‘Berubari Case’ and this agreement is liable to be
declared as non est, void and unconstitutional.”
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