L.Rajamani v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL L.Rajamani W/o.Loganathan .. Petitioner Vs.
1.
The Union of India Represented by its Secretary to the Government The Ministry of External Affairs Government of India South Block, Raisina Hill New Delhi.
2.
The Union of India Represented by its Secretary Ministry of law and Justice North Block, New Delhi - 110 001.
3.
The Joint Secretary (CS) Government of India Ministry of Home Affairs North Block New Delhi - 110 001.
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4.
The Principal Secretary cum the Commissioner The Tamizhars Welfare of Commission Person residing outside of India Refugee and Rehabilitation Centre Chepauk, Chennai.
5.
The District Collector O/o. The Collector Office Namakkal District.
6.
The Superintendent of Police O/o. The Superintendent of Police Namakkal District.
..Respondents Petition filed under Article 226 of the Constitution of India praying writ of mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 28.03.2023 to repatriate the convict prisoner namely, Sivakumar @ Selvakumar, son of Loganathan lodged at Wellikada Prison / Srilanka to India prisoners per the India - Sri Lanka Joint Declaration.
For Petitioner :
Mr.S.M.A.Jinnah For Respondents :
Mr.K.Ramanamoorthy Central Government Standing Counsel
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned writ petition. Page Nos.2/8
2. Mr.S.M.A.Jinnah, learned counsel on record for petitioner on the videoconferencing platform and Mr.A.Rawther Naina Mohamed, learned counsel on record for petitioner in physical hearing (to be noted, this is hybrid hearing) are before us.
3.Captioned writ petition turns on a very short point as the prayer is for mandamus qua petitioner's 'representation dated 28.03.2023' [hereinafter 'said representation' for the sake of convenience and brevity] wherein the petitioner has inter alia sought rescue / transfer of her son one Mr.Sivakumar @ Selvakumar, son of Mr.Loganathan from Wellikada Prison, Sri Lanka to India prisoners as per the India - Sri Lanka joint declaration.
4. Learned counsel on record for petitioner submits that filing of the captioned writ petition was necessitated as the said representation is yet to be disposed of. To be noted, a scanned reproduction of said representation as placed before us as part of the case file together with postal receipt is as follows:
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5. Issue notice.
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6. Mr.K.Ramanamoorthy, learned Central Government Standing counsel accepts notice for respondents 1 to 3 and Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for respondents 4 to 6.
7. In the light of the narrative thus far, considering the limited scope of the prayer in the captioned writ petition, we deem it appropriate to dispose of the captioned writ petition directing the first respondent to dispose of the said representation as expeditiously as the business of the first respondent would permit but in any event, within eight weeks from Page Nos.6/8
today i.e., by 05.09.2023. A copy of the proceedings disposing of the said representation and outcome, if any shall be communicated to the writ petitioner by the first respondent within seven working days from the date of disposal under due acknowledgement.
Captioned Writ Petition disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 11.07.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.7/8
M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.
The Union of India Represented by its Secretary to the Government The Ministry of External Affairs Government of India South Block, Raisina Hill, New Delhi.
2.
The Union of India Represented by its Secretary Ministry of law and Justice North Block, New Delhi - 110 001.
3.
The Joint Secretary (CS) Government of India Ministry of Home Affairs North Block, New Delhi - 110 001.
4.
The Principal Secretary cum the Commissioner The Tamizhars Welfare of Commission Person residing outside of India Refugee and Rehabilitation Centre Chepauk, Chennai.
5.
The District Collector O/o. The Collector Office Namakkal District.
6.
The Superintendent of Police O/o. The Superintendent of Police Namakkal District.
7.
The Public Prosecutor High Court, Madras.
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