Sathya Sri Devi, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.33139 of 2019 and W.M.P.No.33569 of 2019 Sathya Sridevi

...Petitioner

Vs.

1. The State of Tamil Nadu Rep. by Secretary to Government, Public (Foreigners III) Department, Secretariat, Fort St.George, Chennai - 600009.

2. The Government of India, Ministry of External Affairs, Regional Passport Office, Royala Towers, No.2 and 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600002.

3. The Commissioner of Police, Greater Chennai, Veppery, Chennai - 600007.

4. The State of Tamil Nadu Rep. by Inspector of Police, Central Crime Branch (C.C.B.-1), Fake Passport Section, (Fake Passport Team XXXII Central Crime Branch),

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 4th respondent from shifting the petitioner to the Special Camp or any mode of detention consequent upon the adverse report of the 4th respondent Police in Crime No.258 of 2019 pursuant to the complaint in File No.MA1060758789517 (1800003_POL_MAS) dated 04.06.2018 addressed to the 3rd respondent vide Ref.No.853/SB XIV/2018, C.No.81/DC-CCB-

1/RPO/2018.C.No.20/AC-CCB/C&K FPP/RPO/2018 or anybody else claiming through them.

For Petitioner : Mr.N.S.Siva Kumar For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The prayer in the present petition cannot be maintained, since the cause of action is yet to arise for the relief sought for. Apprehending that the petitioner might be detained or shifted from the Special Camp cannot be made as a cause of action seeking for a Writ of Mandamus, and hence the very prayer itself could be considered as prematured. Hence, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is also closed.

2. At this juncture, the learned counsel for the petitioner would submit that they intend to make an appropriate application seeking for citizenship.

3. It is needless to point out that if at all such a right is available to the petitioner, it is always open to him to work out his remedies in accordance with law. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Government, Public (Foreigners III) Department, Secretariat, Fort St.George, Chennai -600009.

2. The Government of India, Ministry of External Affairs, Regional Passport Office, Royala Towers, No.2 and 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600002.

3. The Commissioner of Police, Greater Chennai,

4. The Inspector of Police, Central Crime Branch (C.C.B.-1), Fake Passport Section, (Fake Passport Team XXXII Central Crime Branch),

5. The Public Prosecutor, High Court of Madras.

+1cc to M/s.N.S.Sivakumar, Advocate SR.99335 W.P.No.33139 of 2019 and W.M.P.No.33569 of 2019 BP(CO) CB(28/01/2020)