Back
2025 Supreme(Online)(MAD) 8399
HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
Thilipan @ Thileeban @ Dileep – Appellant
Versus
The State Rep. by The Additional Secretary to Government, Public (Foreigners-I) Department – Respondent
W.P.No.14874 of 2024 | W.M.P.No.16130 of 2024
For the Appellants/Petitioners: Mr.R.Saranya
For the Respondents: Mr.P.Balathandayutham, Mr.K.M.D.Muhilan
Authority under the Foreigners Act allows for imposed movement restrictions post-release.
Headnote:The petition challenges a directive by the State Government under Section 3(2)(e) of the Foreigners Act, which restricts the petitioner's movement after his release from prison. The court finds that the directive is within the respondent's delegated authority, and dismisses the petition as devoid of merits. The petitioner remains in custody at Central Prison, Puzhal.
Result: The Writ Petition stands dismissed.
| Table of Content |
|---|
| 1. petitioner faces multiple criminal charges leading to restrictions. (Para 1 , 3 , 4) |
| 2. court reviews arguments and available records. (Para 2) |
| 3. authority's directive upheld under statutory provisions. (Para 5) |
| 4. final decision: writ petition dismissed. (Para 6) |
ORDER
This Writ Petition has been filed challenging order dated
01.04.2021, passed by the first respondent in Ref No.G.O.(1D)No.152, thereby directed the petitioner not to leave the boundaries of Special Camp at Tiruchirappalli.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. Based on the order received from the Ministry of Home Affairs, Government of India dated 05.07.2022, a case has been registered in Crime No.RC-29/2022INIA/DLI for the offences punishable under Section 120(b) of IPC and Sections 17, 18, 20, 38, 39 & 40 of the Unlawful Activities (Prevention) Act, 1967 and Section 8(c) r/w Section 21(c), 23(c), 24, 27A, 28 & 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as against the petitioner. He also involved in another case in Crime No.01 of 2020 for the offences under Sections 420, 465, 468 & 471 r/w 14A(b) of Foreigners Act, 12(1)(c) of Passport Act by the Inspector of Police, Q Brach, CID, Kancheepuram.
4. In pursuant to these cases, the first respondent passed order in G.O.(1D).No.152 dated 01.04.2021, thereby directed the petitioner shall not leave the boundaries of special camp at Trichy, in the event of his release from prison. Though the petitioner moved bail, the trial Court dismissed the bail petition. Aggrieved by the same, the petition filed an appeal before this Court in Crl.A.No.1279 of 2023 and the same is pending. Now the petitioner confined at Central Prison, Puzhal.
5. The impugned order has been passed in accordance with the provisions under Section 3(2)(e) of the Foreigners Act, and as per the powers delegated to the State Government and as per the procedures laid down in the law. The first respondent is the competent authority to pass orders and accordingly he passed order by imposing restriction on the movement of the petitioner that too in the event of his release from the prison. This Court finds no infirmity or illegality in the order passed by the first respondent and the writ petition is devoid of merits and liable to be dismissed.
6. Accordingly, the Writ Petition stands dismissed.
Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
28.02.2025 (2/2)
Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts To
1. The Additional Secretary to Government, Public (Foreigners-I) Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.
2. The District Collector, Trichy District, Trichy.
3. The Deputy Inspector General of Police, Intelligence (Security) I/c, DIG, Intelligence (International Security), Chennai.
4. The Superintendent of Police, Q-Brach CID, Chennai.
5. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.16130 of 2024
28.02.2025 (2/2)
