P.ULAGANATHAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The case of the writ petitioners is that they are descendants of indentured labour who settled down in the tea estates of Sri Lanka during the colonial times. There is no doubt that they are tamil speaking people. Their forefathers hailed from what is the present day State of Tamil Nadu. They faced severe discrimination at the hands of the Sri Lankan Government after it gained independence in the year 1948. The writ petitioners contend that they should not be considered as part of those tamilians from northern and eastern Srilanka who though Tamil-speaking are yet natives of Sri Lanka in every sense of the term. Sri Lanka witnessed a genocidal and brutal ethnic strife. 1983 was one of the worst moments in history. There was a virtual exodus of the tamil people from Sri Lanka to India. They reached India by whatever mode that was available. The petitioners would claim that while those from northern and eastern Sri Lanka would have to be treated as refugees, persons like the petitioners will have to be treated more as Indians repatriates. After their entry into India, most of them were kept in Kottapottu camp in Trichy. Since they apprehended forcible deportation back to Sri Lanka, writ petitions were filed before the Madras High Court. Interim injunction was granted and the case was finally disposed of by recording the undertaking given by the Government that the writ petitioners will not be compulsorily sent back to Sri Lanka (vide order dated 21.03.1994 made in WP Nos.1448 to 1450, 1802, 5643, 15507 of 1988, 7533 and 16892 of 1991 and 6804, 6820, 7613, 8206, 12298 and 12343 of 1992). The writ petitioners had been periodically submitting representations seeking conferment of Indian citizenship. There was exchange of correspondence among the various authorities.

(2.) But then, there was no fruitful result forthcoming all these years. The writ petitioners plead that they are genealogical Indians. Their native places are in Tamilnadu. They have blood relatives only here. Only because their forefathers had gone to Sri Lanka to work as labour in tea estates of Sri Lanka, they had to suffer this condition of statelessness. They had to escape from Sri Lanka to save their lives and limbs. They cannot go back to Sri Lanka. They have nothing there. It is not as if Sri Lanka is ready to welcome the petitioners' back. Since the authorities have not been positive in their approach, the petitioners have moved this Court seeking conferment of citizenship.

(3.) The Government of Tamilnadu had filed a counter affidavit. It is admitted therein that most of the writ petitioners are staying in Kottapottu Transit Camp, Trichy as Sri Lankan refugees. Others are staying in various refugees camps which are located in Madurai, Perambalur, Karur, Mandapam Camp etc., It is further admitted that they arrived in India during 1983 to 1985. The writ petitioners are given monthly cash doles, ration essential commodities, accommodation, dress materials, utensils and free education etc., But, citizenship cannot be conferred on them as it is a policy matter to be decided by the Government of India. The Government of Tamilnadu contests the petitioners' claim that they can be treated as repatriates. The Government of Tamilnadu recognizes them only as refugees.