Madras High CourtWP/26476/2017disposed of

Ms.Dhanalakshmi Sridhar v. Superintendent Of Police

2017-10-10Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.26476 of 2017 and WMP.No.28188 of 2017 Dhanalakshmi Sridhar ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Collector, Kancheepuram District, Kancheepuram.

3.The Deputy Director, Directorate of Enforcement, PMLA 84, Greams Road, Thousand Lights, Chennai 600 006.

4.The Secretary to the Government of India, Ministry of External Affairs, South Block, New Delhi.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st and 2nd respondents to issue a positive communication to the Indian High Commission Cambodia for bringing the body of the petitioners father D.Sridhar to India based on her written request dated 07.10.2017. For Petitioner :

Mr.B.Kumar, Senior Counsel for M/s.P.Solomon Francis For Respondents :

Mr.S.Babu, Government Advocate for R1 & R2 Mr.N.Ramesh, Spl.Public Prosecutor for R3 Mr.Subramaniam Srinivasan, Assistant Solicitor General of India for R4

ORDER

This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to issue a positive communication to the Indian High Commission, Cambodia for bringing the body of the petitioner's father D.Sridhar to India, based on the petitioner's written request, dated 07.10.2017.

2. It is now brought to my notice that the Cambodia Immigration Department has assured to give an "exit permit" for transferring the mortal remains of late D.Sridhar to India. The learned Assistant Solicitor General of India appearing for the fourth respondent also submitted that the Department of External Affairs, Government of India, does not have any objection in executing the necessary travel documents for the purpose of bringing the mortal remains of late D.Sridhar. Since the deceased died on 04.10.2017, it would be appropriate that such an exercise of issuing travel documents for ensuring that the mortal remains are brought to India, shall be made atleast within 24 hours from the date and time of receipt of a copy of this order and the respondents shall also jointly facilitate with the immigration authorities of Cambodia on all such formalities that may be required for the purpose of transferring the body from Cambodia to India.

3. With the above directions, the writ Petition is disposed of. Connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dpq To 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Collector, Kancheepuram District, Kancheepuram.

3.The Deputy Director, Directorate of Enforcement, PMLA 84, Greams Road, Thousand Lights, Chennai 600 006.

4.The Secretary to the Government of India, Ministry of External Affairs, South Block, New Delhi.

+1cc to Mr.P.Solomon Francis, Advocate, S.R.No.72555 +1cc to Mr.Su.Srinivasan, Advocate, S.R.No.72596 W.P.No.26476 of 2017 and WMP.No.28188 of 2017 GJ II(CO) CA(10/10/2017)