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Madras High CourtWP/16256/2026dismissed

G.Manimaran v. Union Of India

2026-04-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI AND WP NO. 16259 OF 2026 G.Manimaran ..Petitioner(s) Vs

1. Union Of India Rep by its Joint Secretary, Prime Minister Office Seeva Theerth, New Delhi-11.

..Respondent(s) WP No. 16259 of 2026 Gayathri ..Petitioner(s) Vs

1. Union of India Rep by its Joint Secretary, Prime Minister office Seeva Theerth, New Delhi-11.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to take necessary steps to repatriate and release the petitioner's son named Kathirvel (Passport No.ZA262789) from Maldives Prison on the basis of representation letter sent by petitioner dated 08.04.2026.

WP No. 16259 of 2026 Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to take necessary steps to repatriate and release the petitioner's son named Dhanush Kanthan (Passport No.AJ398576) from Maldives Prison on the basis of representation letter sent by petitioner dated 08.04.2026. For Petitioner(s):

Mr.M.Saravanakumar in both writ petitions For Respondent(s):

Ms.S.S.Meenakumary Senior Panel Counsel for R1 and R2 in both writ petitions Mr.R.Murthi Government Advocate for R3 in both writ petitions

COMMON ORDER These writ petitions have been filed to direct the respondents 1 and 2 to take necessary steps to repatriate and release the petitioners' sons named Kathirvel (Passport No.ZA262789) and Dhanush Kanthan (Passport No.AJ398576) from Maldives Prison on the basis of representation letter sent by petitioners dated 08.04.2026.

2.The petitioners' sons went on free foreign tour under the guidance of one Kishorekumar and Afrudeen, who are the representatives of an organisation called METAWHALE MLM to Maldives on 02.03.2026 from Bangalore to Mumbai to Maldives via Air and reached Maldives on 03.03.2026 at 08.10 a.m. At that time, the petitioners' sons were arrested by Immigration officials of Maldives on the allegation that the petitioners' sons' bags contained bottles containing about 6.7 kilograms of hashish oil, which a prohibited narcotic substance and they were detained by the Maldives Law Enforcing Agency. Till date, they have not been released from the Maldives Prison. Therefore, the petitioners made a representation to the respondents on 08.04.2026 to repatriate their sons from Maldives Prison. Since no action was forthcoming, the petitioners have come forward with the present writ petitions.

3.Learned counsel for the petitioners would submit that this Court may issue a direction to the respondents to consider the representations of the petitioners and pass appropriate orders within a time frame. 4.Per contra, Ms.S.S.Meenakumary, learned Senior Panel Counsel who takes notice for R1 and R2, would submit that, based on the previous representations, the Ministry of External Affairs has been taking all possible steps to provide legal assistance to the petitioners' sons who are detained by the Maldives Law Enforcing Agency. However, the respondents have no power to repatriate the petitioners' sons from Maldives Prison unless the criminal case pending against them is decided in one way or the other.

However, the learned counsel would submit that the Ministry of External Affairs has already sent a team of officers to obtain consular access to the detained Indian nationals and they have been provided telephone access to contact their families once every fortnight. She assured that all possible consular assistance, within the permissible framework, will continue to be extended to the Indian nationals. 5.In view of the submissions made by the learned Senior Panel Counsel, this Court cannot issue a mandamus to the respondents to repatriate the petitioners' sons. Accordingly, these writ petitions are dismissed.

assistance, within the permissible framework, to the petitioners' sons who are detained in the Maldives Prison. No costs.

28-04-2026 Index: Yes/No Speaking/Non-speaking order MKN To

1. The Joint Secretary, Union Of India Prime Minister Office Seeva Theerth, New Delhi-11.

M.DHANDAPANI J.

MKN AND WP NO. 16259 OF 2026 28-04-2026