Madras High Court
WP CRL.(MD)/5288/2026 of Sudha @Sudharsini @ Guganthi Vs The Secretary to Government on 27 October 2026
WP Crl.(MD) No. 5288 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5288 of 2026
CNR:{HCMD011248432026}
Sudha @Sudharsini @ Guganthini
..Petitioner(s)
Vs
1. The Secretary to Government
Public (Foreigners-II) Department,
Tamilnadu Government Secretariat,
Saint George Fort,
Chennai - 600 009
2. The District Collector
Thiruchirappalli District Collectorate Office, Thiruchirapalli -620 001.
3. The Regional Special Deputy Collector Sri Lankan Tamil Rehabilitation Camp, Trichy Special Camp for Foreigners, Central Prison Campus, Kottapattu, Thiruchirappalli.
4. The Superintendent of Police
Q Branch CID,
Chennai - 600 004.
5. The Inspector of Police
CBCID Q Branch,
Madurai District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to
WP Crl.(MD) No. 5288 of 2026
call for the records pertaining to the order passed by the 1st respondent in G.O(ID) No.453, Public (Foreigners -II) Department dt.29.10.2021 and quash the same, consequently to direct the 1st respondent pass an appropriate order tode-lodge the petitioner from Special Camp for foreigners kottapattu trichy to stay at No.1/163, Kovil street Keelavaipaar Village, Villathikulam Taluk, Thoothukudi District.
For Petitioner(s)
:Mr G.Parthasarathy
For Respondent(s)
:Mr.K.Suyambulinga Bharathi
for R4 & R5
Mr.A.Sivasubramanian
Additional Government Pleader
for R1 to R3
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ORDER
The writ petition is filed seeking a direction to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 1st respondent in G.O(ID) No.453, Public (Foreigners -II) Department dt.29.10.2021 and quash the same, consequently to direct the 1st respondent pass an appropriate order to de-lodge the petitioner from Special Camp for foreigners kottapattu trichy to stay at No.1/163, Kovil street Keelavaipaar Village, Villathikulam Taluk, Thoothukudi District.
2. The learned counsel appearing for the petitioner would submit that the petitioner and her husband were arrested in connection with Crime No.1 of 2021 on the file of the fifth respondent. Thereafter, they approached this Court by filing Crl.O.P.(MD).No.15420 of 2021, wherein
WP Crl.(MD) No. 5288 of 2026 this Court granted bail to the petitioner, but dismissed the bail petition filed by her husband. The petitioner was directed to be kept in the Special Camp at Tiruchirappalli until further orders, pursuant to G.O. (ID).No.453, Public (Fors-II) Department, dated 29.10.2021. It is the grievance of the petitioner that she has been separated from her female child for several years and that she may be permitted to de-lodge. He further contended that there has been no progress in the criminal case pending before the trial Court. Hence, the petitioner has approached this Court seeking the aforesaid relief.
3. The learned Additional Public Prosecutor has filed a counter affidavit stating that the petitioner, along with 34 other persons, including her husband, entered India without proper permission and valid travel documents. The petitioner was granted bail by this Court and is presently lodged in the Special Camp at Kottapattu, Tiruchirappalli. The case is now pending before the VI Additional District and Sessions Court, Madurai. It is further stated that, according to the petitioner’s husband, a non-bailable warrant is pending against him owing to his non-appearance before the Court. The petitioner had filed a petition pleading guilty, but subsequently withdrew the same.
WP Crl.(MD) No. 5288 of 2026
4. He further submitted that, in the pending proceedings before the trial Court, out of 117 witnesses, 44 witnesses have been examined and 8 documents have been marked. The matter is now posted on 27.10.2026 for the examination of the remaining prosecution witnesses. He further submitted that the trial is proceeding in the proper manner and that, at this stage, permitting the petitioner to stay outside would seriously prejudice the trial proceedings and would amount to adopting a shortcut to circumvent the prevailing rules, regulations, and statutory provisions. Hence, he sought dismissal of the writ petition.
5. This Court have carefully considered the submissions made on either side and perused the materials available on record.
6. Considering the fact that the trial is progressing, this Court is not inclined to entertain this writ petition. However, direction is given to the learned VI Additional District and Sessions Judge, Madurai, to complete the trial in S.C.No.216 of 2022 within a period of three months from the date of receipt of a copy of this order.
7. With the above observations and direction, this Writ Petition is disposed of.
WP Crl.(MD) No. 5288 of 2026
8. Post the matter after three months ‘for reporting compliance’. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Rmk To
1. The Secretary to Government Public (Foreigners-II) Department Tamilnadu Government Secretariat Saint George Fort Chennai - 600 009
2. The District Collector Thiruchirappalli District Collectorate Office Thiruchirapalli -620 001
3. The Regional Special Deputy Collector Sri Lankan Tamil Rehabilitation Camp Trichy Special Camp for Foreigners Central Prison Campus Kottapattu Thiruchirappalli
4. The Superintendent of Police Q Branch CID
5. The Inspector of Police CBCID Q Branch Madurai District
6. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 5288 of 2026 K.GOVINDARAJAN THILAKAVADI, J. Rmk WP Crl.(MD) No. 5288 of 2026 27-10-2026