Madras High Court
Dravida Munnetra Kazhagam (Dmk) vs Union Of India on 31 July, 2020
Bench: M.M.Sundresh, R.Hemalatha
W.P. Nos. 8224 & 7938 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE R.HEMALATHA
W.P.Nos. 8224 & 7938 of 2020
& W.M.P.Nos. 9375 & 9817 of 2020
W.P.No.8824 of 2020
Dravida Munnetra Kazhagam (DMK)
Rep. by its Press Relation
T.K.S. Elangovan
Anna Arivalayam, DMK Head Quarters,
No. 367 and 369, Anna Salai,
Teynampet, Chennai 600 018. .. Petitioner
vs
1.Union of India
Rep. by its Secretary to Government
Ministry of Home Affairs,
Government of India,
New Delhi.
2.The Secretary to Government
Ministry of External Affairs
Government of India,South Block, New Delhi.
3.The Secretary to Government
Ministry of Civil Aviation
Government of India, New Delhi.
4.Government of Tamil Nadu
Rep. by its Chief Secretary Secretariat,
Fort St. George, Chennai 600 009.
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W.P. Nos. 8224 & 7938 of 2020
5.The State Disaster Management Authority
Tamilnadu, Secretariat,
Fort St.George, Chennai 09. .. Respondents
W.P.No. 7938 of 2020
A.Raja Mohamed .. Petitioner
vs
1.Union of India
Through its Secretary,
Ministry of Home Affairs
North Block New Delhi- 110 001
2.The Joint Secretary
Ministry of External Affairs, Gulf Division,
South Block, New Delhi- 110011
3.The Chairman National Executive Committee
(Union Home Secretary)
North Block, New Delhi- 110001.
4.The Chairman National Disaster Management Authority
Safdarjung Enclave,
NDMA Bhavan, A-1 Nauroji Nagar,
New Delhi- 110029.
5.The Secretary
Ministry of Civil Aviation
New Safdarjung Airport Area,
Satya Sadan, New Delhi- 110021
6.The Secretary
Ministry of Health and Family Welfare
Nirman Bhavan
New Delhi- 110011
7.The Principal Secretary
Ministry of Home and Prohibition Government
of Tamil Nadu, Fort.St.George, Chennai.
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W.P. Nos. 8224 & 7938 of 2020
8.The Secretary
Commisisonerate of Rehabilition and Welfare
of Non Resident Tamils Public Department
Government of Tamil Nadu, Fort.St.George
Chennai. .. Respondents
Prayer in W.P.No.8224 of 2020: Petition filed under Article 226 of the
Constitution of India praying to issue writ of mandamus directing the
4th Respondent to accord necessary permissions / clearance for the
landing of aircrafts to bring back the Indians stranded abroad to their
respective native places within the State of Tamil Nadu by strictly
adhering to the Order dt. 05.05.2020 in Order No. 40-3 / 2020 DM I
(A) issued by the 1st Respondent and to frame the Standard
Operating Procedures for such persons in line with the guidelines
issued by the 1st Respondent within a time frame to be fixed by this
Honble Court No 172 S-1 2nd Floor Thambu Chetty Street, Next to
Karnataka Bank, Chennai.
Prayer in W.P.No.7938 of 2020: Petition filed under Article 226 of the
Constitution of India praying to issue a writ of mandamus directing the
Respondents to act immediate and urgent steps to evacuate the
persons registered with the 8th Respondent Website (Non resident
tamils.org) as directed by the 7th Respondent as Non Resident Tamil
Peoples are stranded and desirous of returning to India from the
Middle East in the Gulf region in the Wake of COVID 19 in a
transparent non arbitrary phased manner.
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W.P. Nos. 8224 & 7938 of 2020
For Petitioner .. Mr.P.Wilson, Sr. Counsel
for M/s.Wilson Associates
in W.P.No. 8224 of 2020
Mr.R.Abdul Mubeen
in W.P.No.7938 of 2020
.
For Respondents .. Mr.V.Jayaprakash Narayanan
for R4 & R5 in
W.P.No.8224/2020
for R7 & R9 in
W.P.7938/2020
Mr.R.Sankaranarayanan, ASG
for R1 to R3
in W.P.No.8224 of 2020
for R1 to R6
in W.P.No. 7938 of 2020
COMMON ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) By consent of both the parties, writ petitions have been taken up for hearing.
2. Perused the documents filed by the Union of India and the status reports filed by the State Government.
3. When the matter is taken up for hearing, the learned Additional Solicitor General placed reliance upon the memo filed by the second respondent which states as follows:-
Page 4 of 9http://www.judis.nic.in W.P. Nos. 8224 & 7938 of 2020 “1.The Ministry of External Affairs is operating Vande Bharath flights to evacuate the stranded Indians from all over the world and apart from this chartered flights are also operated.
2.The Ministry of External Affairs has operated 1,248 flights from all over the world in Phase I, Phase II, Phase III Additional, Phase II 2nd Additional and Phase III.
3.The 2nd respondent has proposed 1203 flights in the 4th phase as on 28th July and out of which 130 flights are operated to State of Tamil Nadu. The schedule of flights are annexured in the 3rd Addl. Typed set and hardcopy was also filed into the Registry of this Hon'ble Court and the same may be read as part and parcel of this memo.
4.The 2nd Respondent is proposed to operate 792 flights in phase V all over the world and out of which 127 flights are to be operated for Tamilnadu alone. This operations shall be from 4th August 2020 to 31st August 2020.
5.The respondent is committed to bring all Tamils stranded all over the world in phased manner and shall undertake to operate as many flights as possible for the purpose of evacuating the last Indian from abroad. In the above said circumstances, it is just and necessary for this Hon'ble Court to record the above memo and to Page 5 of 9 http://www.judis.nic.in W.P. Nos. 8224 & 7938 of 2020 close the above Writ Petition and thus render justice”.
3. The learned Senior Counsel appearing for the petitioner submitted that the response of the second respondent dated 04.07.2020 with specific reference to Clause iii will have to be adhered to in letter and spirit. The aforesaid Clause iii is extracted hereunder:-
“(iii)Whenever any financial assistance is being sought for, in terms of food, accommodation, medical treatments etc., the same is being provided for through the Indian Community Welfare Fund (ICWF) by the missions. The financial assistance from this fund is being provided to the Indian nationals in the most deserving cases on a means tested basis. For financial and other assistance, Indian community abroad has also herein providing assistance to the Indians with the help of the missions.”
5. Accordingly, the writ petitions stand disposed of by recording the memo filed by the second respondent dated 29.07.2020 and the response of the second respondent dated 04.07.2020 as mentioned above. We make it clear that as and when individual grievance is Page 6 of 9 http://www.judis.nic.in W.P. Nos. 8224 & 7938 of 2020 received, we expect the competent authorities of the Central Government to look into the same and do the needful in tune with the response dated 04.07.2020 referred above.
6. We place on record the assistance rendered by learned Additional Solicitor General. However, we make it clear that the State Government will have to act in accordance with the status report filed by taking care of the passengers who come from abroad to the State of Tamil Nadu will follow the protocol. Liberty is also given to the petitioners to come forward with appropriate application in the event of any difficulty with respect to the insufficiency in compliance undertaken by the Central Government.
There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
(M.M.S., J.) (R.H., J.) 31.07.2020 Index: Yes/No mmi/ssm Page 7 of 9 http://www.judis.nic.in W.P. Nos. 8224 & 7938 of 2020 To
1.The District collector Cuddalore District.
2.The District Revenue Officer Cuddalore District.
3.The Revenue Divisional Officer Virdhachalam Division, Vridhachalam, Cuddalore District
4.The Tahsildar Tittakudi Taluk, Cuddalore District.
Page 8 of 9http://www.judis.nic.in W.P. Nos. 8224 & 7938 of 2020 M.M.SUNDRESH, J.
and R.HEMALATHA,J.
mmi/ssm W.P.No. 8224 & 7938 of 2020 31.07.2020 Page 9 of 9 http://www.judis.nic.in