T.Nageswari v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE SUNDER MOHAN T.Nageswari ... Petitioner Vs.

1.State of Tamil Nadu rep. by the Secretary to Government Public (Foreigners-II) Department Secretariat, Chennai 600 009 2.The Secretary to Government Public (S.C.) Department Secretariat, Chennai 600 009 3.The Superintendent of Police Q-Branch CID, Mylapore Chennai 600 004 4.The District Collector Tiruchirappalli District Tiruchirappalli - 20 5.The Commissioner

Commissionerate of Rehabilitation and Welfare of Non Resident Tamils Ezhilagam Annex,4th Floor Chepauk, Chennai 600 005 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 15.04.2024 and permit the petitioner's sister's son namely Krishnakumar @ Kanthan, son of Kanthasamy, now confined in the Special Camp, Trichy, to reside with the petitioner.

For Petitioner : Mr.M.Radhakrishnan for P.Pugalenthi For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

SUNDER MOHAN , J.

The prayer in the present writ petition is to consider the petitioner's representation dated 15.04.2024, seeking for transfer of the detenu viz. Krishnakumar @ Kanthan, S/o. Kanthasamy, who is the son of the

petitioner's sister, from Trichy Camp to Madurai Camp. 2.Today, when the matter was called, the learned Additional Public Prosecutor produced a copy of the G.O.(1D).No.204 dated 07.05.2024, wherein the orders have been passed to deport the detenu viz. Mr.Krishnakumar, S/o.Kanthasamy, a Sri Lankan National, from India to Srilanka. The learned Additional Public Prosecutor also submitted that though the Government has passed the orders for deportation, the detenu is refusing to sign the Emergency Travel Certificates and also handover his passport and passport size photo.

3.Learned counsel for the petitioner would submit that he intends to challenge the order of deportation.

4.Though such statements are made across the bar, the prayer in the present writ petition is limited to transfer of the petitioner from the Special Camp, Trichy. Hence, no effective orders could be passed to the prayer sought for by the petitioner in the present writ petition.

5.The writ petition stands closed accordingly. No costs. [M.S.R., J] [S.M., J] 29.07.2024 kas Index : Yes /No To 1.The Secretary to Government Public (Foreigners-II) Department Secretariat, Chennai 600 009 2.The Secretary to Government Public (S.C.) Department Secretariat, Chennai 600 009 3.The Superintendent of Police Q-Branch CID, Mylapore Chennai 600 004 4.The District Collector Tiruchirappalli District Tiruchirappalli - 20 5.The Commissioner Commissionerate of Rehabilitation and Welfare of Non Resident Tamils Ezhilagam Annex,4th Floor Chepauk, Chennai 600 005

6.The Public Prosecutor High Court of Madras Chennai 600 104 M.S.RAMESH, J.

SUNDER MOHAN, J.

kas

29.07.2024