R. Nishanthan v. The State of Tamil Nadu Rep by Its Secretary to Government

ORDER (Order of the Court was made by M.S.Ramesh J.)

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1, 5, 6 and 7.

¶2The petitioner has filed this Writ Petition seeking for a direction to the respondents to consider the representation of the petitioner dated

20.05.2025 and deport the petitioner to Sri Lanka from the Special Camp, Tiruchirapalli, immediately.

¶3It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

¶4Since the representation given by the petitioner date back to three months on 20.05.2025, it would be appropriate that the petitioner be granted liberty to give a fresh consolidated representation, with a consequential direction to the respondents herein, to consider the same.

¶5In the light of the above observations, the petitioner is granted liberty to give a fresh representation to the respondents herein, ventilating his grievances. On receipt of the same, the respondents shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

¶6With the above direction, the Writ Petition stands disposed of. No costs. [M.S.R.,J.] [V.L.N.,J.] 21-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Secretary to Government Public(foreigners) Department,

2.The Secretary to Government of India Ministry of Home Affairs, New Delhi-110001.

3.The Secretary to the Government, The Ministry of External Affairs, Government of India, New Delhi-110001. rep by t

4.The Foreigners Regional Registration Officer/Chennai Bureau of Immigration (MHA), Government of India Shastri Bhavan Annexe, Chennai 600006.

5.The Secretary to Government Public (Foreigners-I) Department,

6.The Superintendent of Police Q-Branch CID, Mylapore, Chennai-600

004.

7.The District Collector Tiruchirapalli District, Tiruchirapalli-620020. M.S.RAMESH J. AND V.LAKSHMINARAYANAN J. msr

21-08-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2025 CORAM THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN 1. R. Nishanthan S/o. Rasalingam, Now residing at Sri Lankan tamil Refugee Camp, Central Prison Campus, Trichy-600020. Petititoner(s) Vs 1. The State of Tamil Nadu rep by its Secretary to Government Public(foreginers) Department, 2.The Secretary to Government of India Ministry of Home Affairs, New Delhi- 110001. 3.The Ministry of External Affairs rep by the Secretary to the Government, Government of India, New Delhi- 110001. 4.The Foreigners Regional Registration Officer/Chennai Bureau of Immigration (MHA), Government of India Shastri Bhavan Annexe, Chennai 600006. 5.The Secretary to Government Public (Foreigners-I) Department, 6.The Superintendent of Police Q-Branch CID, Mylapore, Chennai-600 004. 7.The District Collector Tiruchirapalli District, Tiruchirapalli- 620020. Respondent(s) PRAYER : Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 20.05.2025 and deport the petitioner to Sri Lanka from the Special Camp, Tiruchirapalli, immediately. For Petitioner(s): Mr. Pugalendhi For Respondent(s): Mr.E.Raj Thilak APP for R1, R5, R6 and R7