Madras High Court
A.Yogeshwari vs The State Of Tamil Nadu on 3 January, 2022
Author: S.Vaidyanathan
Bench: S.Vaidyanathan, G.Jayachandran
H.C.P.(MD) No.23 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
H.C.P.(MD) No.23 of 2021
A.Yogeshwari ... Petitioner
-vs-
1.The State of Tamil Nadu,
Rep. by Principal Secretary to Government,
Public (Foreigners. II) Department,
Secretariat, Chennai.
2.The District Collector,
Tiruchirapalli district,
Tiruchirapalli.
3.The Superintendent of Police,
'Q' Branch CID,
Chennai-4.
4.The Superintendent of Police,
SBCID,
Chennai-28.
5.The Special Deputy Collector,
Kottappattu Refugee Camp,
Tiruchirappalli. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.(MD) No.23 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of habeas corpus, calling for the records in connection with order passed by
the first respondent in the proceeding in G.O.(1D) No.544, dated 01.11.2019
against the detenu Mr.Ananthakumar, son of Subramaniyan, (Sri Lankan Refuge)
confined at Special Camp Tiruchirapalli and quash the same and direct the
respondents to permit him to stay along with the petitioner till the completion of
criminal cases pending against him.
For Petitioner : No appearance
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN,J.] This Habeas Corpus Petition has been filed challenging the order passed against one Ananthakumar, Sri Lankan Refugee, for restricting his movement under Section 3(2)(3) of the Foreigners Act, 1946. Under the impugned order dated 01.11.2019, the said Ananthakumar, S/o.Subramaniam was instructed not to leave the boundaries of Special Camp at Tiruchirappalli, except with the prior permission of the District Collector, Tiruchirappalli District. There is no illegal 2/5 https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.23 of 2021 detention in the order passed by the Government under the impugned order.
2. Further, the Division Bench of this Court in the State and others vs. G.Karunairaj reported in 2014(1) LW 55 had held that the State has power to impose reasonable restriction on movements and direct them to reside in a particular place. Since there is no illegal custody, if there is any grievance over the restriction made by the Government, it is open to the petitioner to challenge the same by way of filing writ petition and the Habeas Corpus Petition is not at all maintainable.
3. In view of the same, this Habeas Corpus Petition is dismissed as devoid of merits. No costs.
[S.V.N.,J.] [G.J.,J.]
03.01.2022
Index : Yes / No
Internet : Yes / No
am
3/5
https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.23 of 2021 Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The Principal Secretary to Government, Public (Foreigners. II) Department, Secretariat, Chennai.
2.The District Collector, Tiruchirapalli district, Tiruchirapalli.
3.The Superintendent of Police, 'Q' Branch CID, Chennai-4.
4.The Superintendent of Police, SBCID, Chennai-28.
5.The Special Deputy Collector, Kottappattu Refugee Camp, Tiruchirappalli.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.4/5
https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.23 of 2021 S.VAIDYANATHAN,J.
and DR.G.JAYACHANDRAN,J.
am H.C.P.(MD) No.23 of 2021 03.01.2022 5/5 https://www.mhc.tn.gov.in/judis