T. Udhayakala v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.439 of 2017 T.Udhayakala : Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, Q Branch CID, O/o the Q Branch CID, Chennai-4.

3.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, to direct the respondents to produce the person or the body of the detenu / my next friend and co-refugee namely Edward Prince Alphonse @ Edward, S/o. Elias Alphonse, aged about 41 years before this Court and set him at liberty.

For Petitioner : Ms.A.Rajini For Respondents : Mr.C.Ramesh Additional Public Prosecutor.

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is the next friend and co-detenue of the detenu. The detenu namely Edward Prince Alphonse @ Edward has been accorded refugee status as he entered India from Srilanka without valid documents and detained by the respondent police and subsequently, he has been recognised as a refugee in India. The detenu has been launched in the Special camp at Mandapam where strict surveillance is made on all the inmates. The petitioner now wants to move over the regular camp which is also situated in Mandapam where the degree of surveillance is stated to be lesser than of the Special Camp.

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2. The learned Additional Public Prosecutor, on instructions, would state that the Q Branch has recommended the case of the detenu to be shifted to regular camp by order dated 27.12.2016. This has been forwarded to the Deputy Commissioner of Police (Rehabilitation), Mandapam Refugee Camp, Ramanathapuram District.

3. Therefore, we direct the first respondent to consider the no objection given by the second respondent vide proceedings dated 27.12.2016 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

4. With the above directions, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, Q Branch CID, O/o the Q Branch CID, Chennai-4.

3.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram.

+1cc to M/s. A.RAJINI Advocate in SR. No.58629 TSG/SSL JS/SV/SAR.3/13.6.2017/2P-5C ORDER MADE IN H.C.P(MD)No.439 of 2017 05.06.2017 https://hcservices.ecourts.gov.in/hcservices/