Soundarajan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.28003 OF 2021 Soundarajan

...Petitioner

Vs

1. State of Tamil Nadu Rep by its Secretary to Government, Public (SC) Department, Secretariat, Chennai.

2. The Collector, Tiruchirappalli District, Tiruchirappalli.

3. The Regional Special Deputy Collector, Kottapattu Refugee Camp, Tiruchirappalli District

...Respondents

PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.12.2021 to provide the basic requirements i.e., Radio, Television and Refrigerator to the petitioner and permit the family members of the petitioner to visit the petitioner who is confined the 3rd respondent Refugee Camp.

For petitioner : Mr. V. Elangovan.

For Respondents : Mr. K. Karthikeyan, Government Advocate

ORDER

The present petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to grant the aforesaid relief pursuant to the petitioner's representation dated 06.12.2021.

2. The case of the petitioner is that the petitioner and his wife are Srilankan refugees who came to India in the year 2009 as refugees and got registered as a refugees in the year 2011, before the K.K. Nagar police, Trichirapalli and both of them are residing in their home together. While being so, the Inspector of police, 'Q' Branch, Nagapattinam registered a case against the petitioner in Crime No.1 of 2012 u/s 5 of the Explosive Substances Act and section 6(1)(a) of the Indian wireless Telegraphy Act, for which he was sentenced to undergo ten years of imprisonment along with a fine. After a period of imprisonment, the petitioner was taken to the special camp for refugees, Trichirapalli, by the police officials concerned. Subsequently, the petitioner was shifted to central prison, wherein the petitioner's family members are not being permitted to visit the petitioner and also the petitioner is not being provided with the basic amenities like radio, television and refrigerator etc while other prisoners are provided with the same.

Aggrieved by the same, the petitioner made a representation dated 06.12.2021 to the respondents. However, till date, no action has been taken on the same. Hence, the present Writ Petition is filed seeking the above relief.

3. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to provide basic amenities such as radio, television and refrigerator to the petitioner in the 3rd respondent camp and to permit the family members of the petitioner to visit him, pursuant to the petitioner's representation dated 06.12.2021 within a particular time frame fixed by this Court.

4. On the above contentions, heard the learned Government Advocate appearing for the respondents.

5. Upon hearing the learned counsel on the either side, this Court without expressing any opinion on the merits of the case, directs the respondents to grant relief to the petitioner if otherwise eligible, pursuant to his representation dated 06.12.2021 within a period of six weeks from the date of receipt of a copy of this order.

6. This petition is disposed of accordingly with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// NHS Sub Assistant Registrar

To

1. The Secretary, Public (SC) Department, Secretariat, Chennai.

2. The Collector, Tiruchirappalli District, Tiruchirappalli.

3. The Regional Special Deputy Collector, Kottapattu Refugee Camp, Tiruchirappalli District.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.79 +1cc to the Government Pleader, S.R.No.334 W.P.NO.28003 of 2021 BP(CO) PM/21/02/2022