KALAVATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL these Writ Petitions are disposed of together by a common order, since the contentions urged, are identical. As far as W.P. Numbers 15978 of 1991, 20 of 1992 and 21 of 1992 are concerned, they stand on a slightly different footing, due to subsequent change of circumstances, after the filing of these Writ Petitions.

(2.) IN all these Writ Petitions, the prayer is for the issue of a habeas corpus for the production of the respective Sri Lankan nationals who have been ordered to reside identified and located by the concerned District Collectors, before this Court to be set free. In effect, the challenge is for quashing of the respective orders, passed by the State Government under Section 3 of the Foreigners Act, 1946 (Central Act 31 of 1946) for regulating the continued presence of the respective foreigners.

(3.) WE do not intend narrative detailed facts in W.P.Nos. 15978 of 1992, and 20 of 1992, for the State has made it clear, through the counter affidavit filed on its behalf, by P.Baskaradoss, Secretary to Government, Public (SC) Department, that in respect of the Sri Lankan nationals concerned in these Writ Petitions, they have already been permitted to leave the special refugee camp Saidapet and have since been transferred and admitted in the refugee camp at Gummidipoondi after revoking the order passed against them under S.3(2)(e) of the Foreigners Act. The affidavit further states, that the refugee camp at Gummidipoondi is an ordinary refugee camp and all that the inmates of the said camp have to comply with is to intimate the authority concerned before they leave the camp, for any length of period.