N VENKATESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER Venkateswari has preferred this habeas corpus petition pleading for setting her and her two children Balaji and Yazhini at liberty forthwith, after quashing the order passed by the first respondent under Sec. 3 of the Foreigners Act dated 16. 7. 1993 directing them to reside in the Special camp at Chengalpattu. She has further prayed for award of a compensation of Rs. 1 lakh for illegal detention of herself and her two children.

(2.) AFTER this habeas corpus petition was entertained oft 26. 9. 1994, notice was ordered to the respondents. On the request of learned additional Public Prosecutor, time was afforded to the respondents to file their counter statements. No counter statements have been filed, but Mr. I. Subramaniam, learned Additional Public Prosecutor has advanced arguments on the basis of the original records placed before us by him.

(3.) SINCE the communication placed before us dated 3. 11. 1994, addressed to the learned Public Prosecutor, by R. Balakrishnan, secretary to Government, did not indicate that the impugned order had been revoked, but it had only chosen to state that Venkateswari had been permitted to leave the Special Camp with her two children, we wanted proof of the order passed against the petitioner under the Foreigners Act having been revoked. A telephonic message addressed to the Tahsildar, Chengalpattu, by the Collector in RC 125487/93/d-7, dated 25. 10. 1994, has been placed before us, which reads as hereunder: 'tmt. Venkateswari, W/o. Nithyanandan (Sri Lankan tamil) is at present lodged in the Special Camp at Chengalpattu with her two children Balaji and Yazhini. Orders issued under Foreigners Act, 1946 are revoked. Please therefore permit Tmt. Venkateswari to leave the Special Camp at chengalpattu with her two children forthwith. A report as to the action taken by you may be sent to Collector, Kancheepuram. Report compliance by 7 p. m. on 25. 10. 1994.' This telephonic message placed before us contains an endorsement, which reads as hereunder. 'released at 9. 30 a. m. on 26. 10. 1994.'