Pradeepan vs The State Of Tamil Nadu on 27 January, 2020

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Madras High Court

Pradeepan vs The State Of Tamil Nadu on 27 January, 2020

Bench: C.V.Karthikeyan

                                                                                W.P.No.35738 of 2019




                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 27.01.2020

                                                       CORAM:

                               THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

                                              W.P.No.35738 of 2019


                 Pradeepan                                                   ... Petitioner
                                                          Vs

                 1.The State of Tamil Nadu,
                   Rep. by its Secretary,
                   Tamil Nadu Refugees and Rehabilitation Department,
                   Secretariat, Fort St.George, Chennai.

                 2.The Director,
                   Refugees and Rehabilitation Department,
                   Ezhilagam, Chepakkam,
                   Chennai – 5.

                 3.The District Collector,
                   District Collectorate Office,
                   Dharmapuri District.

                 4.The Speical Tahsildar, (Refugees),
                   District Collectorate Office,
                   Dharmapuri District.                                      ... Respondents



                 Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                 praying to issue Writ of Certiorarified Mandamus, directing the respondents
                 to give refugee status to the petitioner and permit the petitioner to reside at
                 refugee camp at Thoppur along with the petitioner family.

                 1/6


http://www.judis.nic.in
                                                                                 W.P.No.35738 of 2019




                               For Petitioner    : Mr. G.Kesavan
                               For Respondents : Mr. P.Rajalakshmi
                                                   Additional Government Pleader


                                                     ORDER

The writ petition has been filed in the nature of mandamus directing the respondents to give refugee status to the petitioner and permit the petitioner to reside at refugee camp at Thoppur along with his family.

2. The learned counsel for the petitioner submitted that the petitioner who is now 23 years has been residing at Thoppur refugee camp along with his family members. He had completed his schooling and degree in Tamilnadu and is also working in Private Company. Thereafter, the petitioner is father underwent surgery and with the aid of UNHCR returned to Srilanka through one way passport. The petitioner also went to Srilanka through exit permit visa. He was permitted to leave the camp by the order of District Collector in February 2019. Thereafter the petiioner came back to India through Medical Visa and he now claims refugee status.

3. The learned counsel for the respondent submitted that petitioner is 2/6 http://www.judis.nic.in W.P.No.35738 of 2019 a Srilankan citizen and holds a Srilankan passport bearing No.8313780 in his name. The petitioner had entered India through a Medical Visa No.VK9673026. The Medical Visa expired on 24.08.2019 and after the date of expiry of the Visa granted to the petitioner, the petitioner cannot claim a refugee status, rather the petitioner can be termed as an Illegal Immigrant.

He further submitted that the respondent has passed proceedings in Roc.No.C2/10064/2019 dated 17.09.2019, stating that the petitioner cannot be given refugee status as he had entered India through Medical Visa and the same has expired. In support of his contention he has relied upon the judgment report in AIR 2015 Mad 65 in the case of Gnanaprakasam Vs. Government of Tamil Nadu and others, wherein this Court had held as follows:

“We are of the view that the very maintainability of the P.I.L filed on behalf of Sri Lankan citizens is in question. Not only that, the petitioner seems to be confusing the issue by claiming equality of rights with citizens of the country, something which is not permissible. There cannot be an absolute constitutional protection for a non-citizen by extending all the provisions of the Constitution of India to him.” 3/6 http://www.judis.nic.in W.P.No.35738 of 2019

4. In view of the above dictum, I hold that this Court cannot grant any mandamus, directing the respondents to give refugee status to the petitioner. Accordingly, the writ petittion is dismissed. No costs.

27.01.2020 Index:Yes/No Internet:Yes/No rst 4/6 http://www.judis.nic.in W.P.No.35738 of 2019 To

1.The State of Tamil Nadu, Rep. by its Secretary, Tamil Nadu Refugees and Rehabilitation Department, Secretariat, Fort St.George, Chennai.

2.The Director, Refugees and Rehabilitation Department, Ezhilagam, Chepakkam, Chennai – 5.

3.The District Collector, District Collectorate Office, Dharmapuri District.

4.The Speical Tahsildar, (Refugees), District Collectorate Office, Dharmapuri District.

5/6

http://www.judis.nic.in W.P.No.35738 of 2019 C.V.KARTHIKEYAN,J.

rst W.P.No.35738 of 2019 27.01.2020 6/6 http://www.judis.nic.in

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