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R.Selvam Vs the Land Acquisition Officer Cum — Madras HC (2025) — LawSathi Research

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Madras HC
2025
R.Selvam Vs the Land Acquisition Officer CumR.Selvam v. the Land Acquisition Officer Cum

Disposed¶25-26

R.Selvam v. the Land Acquisition Officer Cum

Writ Petition (Criminal) – forum/maintainability

Madras HC18 Feb 2025WP/1188/2025

Case brief

AI extract

What is this about?

Madras High Court Division Bench (N.Sathish Kumar and M.Jothiraman, JJ.), W.P.Crl.No.1188 of 2025, order dated 28.10.2025. Petitioner Nikisha Chowdhury challenges an order under Section 3(2)(e) of the Foreigners Act, 1946; respondents include the Principal Secretary, Public (Foreigners-I) Department, the District Collector/Camp Officer, Special Camp for Foreigners, Tiruchirappalli, police officers of the Central Crime Branch, Chennai, and the FRRO, Chennai. Relying on the Division Bench ruling in Rajalakshmi (H.C.P.No.1608 of 2020, decided 08.10.2021, para 21) that a challenge to a Section 3(2)(e) order cannot be registered as a habeas corpus petition and is at most a writ petition for a Single Bench, the Court directed the Registry to list the matter before the concerned Single Judge. Keywords: Foreigners Act 1946 Section 3(2)(e); habeas corpus versus writ petition; forum of challenge to externment/detention order; Special Camp for Foreigners Tiruchirappalli; listing before Single Judge.

What did the court decide?

Registry directed to list the writ petition before the concerned Single Judge for hearing; no merits adjudication by the Division Bench. ¶25-26

Why is it important?

In view of the Division Bench decision in H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu and others), a petition challenging an order under Section 3(2)(e) of the Foreigners Act is to be heard by a Single Judge; the Registry is directed to list this writ petition before the concerned Single Judge for hearing. ¶25-26

What the court decided

AI extract

Outcome

Registry directed to list the writ petition before the concerned Single Judge for hearing; no merits adjudication by the Division Bench.

Issue for consideration

Whether a petition challenging an order passed under Section 3(2)(e) of the Foreigners Act, 1946, is to be heard by a Single Judge rather than entertained as a habeas corpus petition before a Division Bench.

Court's answer

In view of the Division Bench decision in H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu and others), a petition challenging an order under Section 3(2)(e) of the Foreigners Act is to be heard by a Single Judge; the Registry is directed to list this writ petition before the concerned Single Judge for hearing.

Detailed headnote1 paragraphs

Writ Petition (Criminal) — forum/maintainability — petition challenging an order passed under Section 3(2)(e) of the Foreigners Act, 1946 — Division Bench, following H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu and others, decided 08.10.2021, para 21), wherein it was held that such a petition cannot be registered as a habeas corpus petition and can at most be registered as a writ petition to be heard by a Single Bench — Registry directed to list the matter before the concerned Single Judge for hearing.

A

W.P.Crl.No.1188 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2025

CO R A M

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.Crl.No.1188 of 2025

Nikisha Chowdhury W/o.Shuvo Chowdhury No.343/344, 6^th Cross, 28^th B Main Road, BTM Layout, 2^nd Stage, Bengaluru South, Bengaluru, Karnataka State – 560 076. ... Petitioner

-vs-

1.The Principal Secretary, Public (Foreigners – I) Department, Secretariat, Fort St.George, Chennai – 600 009 and 4 others ... Respondents

For Petitioner : Mrs.S.Vedavalli

For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

1/5

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W.P.Crl.No.1188 of 2025

N.SATHISH KUMAR, J. AND

O R D E R

M.JOTHIRAMAN, J.

This Writ Petition has been filed challenging the order passed under

Section 3 (2) (e) of the Foreigners Act, 1946. A Division Bench of this

Court in H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu

and others) decided on 08.10.2021 in paragraph no.21 has clearly held as follows:

“21. In view of the aforesaid discussion, we hold that a petition challenging an order passed by the State Government under Section 3(2)(e) of the Foreigners Act cannot be registered as a habeas corpus petition and at the most, be registered as a writ petition to be heard by a single Bench, as could be inferred from the Division Bench judgment of this Court in Karunairaj (supra).”

In such view of the matter, the Registry is directed to list this matter

before the concerned Single Judge for hearing.

(N.S.K,J.,) (M.J.R,J.,) 28.10.2025

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W.P.Crl.No.1188 of 2025

nsd

To

1.The Principal Secretary, Public (Foreigners - I) Department, Secretariat, Fort St.George, Chennai-600 009. 2.The District Collector and Camp Officer, Special Camp for Foreigners, Central Prison Campus, Tiruchirappalli-620 001. 3.The Inspector of Police, Central Crime Branch, Egmore, Chennai-600 008. 4.The Sub Inspector of Police, Central Crime Branch - I, Alpha-V, Greater Chennai Police, Vepery, Chennai-600 007.

5.The Foreigners Regional Registration Officer, Bureau of Immigration, Shastri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai-600 006.

6.The Public Prosecutor, High Court, Madras.

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W.P.Crl.No.1188 of 2025

N.SATHISH KUMAR, J. and M.JOTHIRAMAN, J.

nsd

W.P.Crl.No.1188 of 2025

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28.10.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a petition challenging an order passed under Section 3(2)(e) of the Foreigners Act, 1946, is to be heard by a Single Judge rather than entertained as a habeas corpus petition before a Division Bench.medium confidence¶25-26
The court held
In view of the Division Bench decision in H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu and others), a petition challenging an order under Section 3(2)(e) of the Foreigners Act is to be heard by a Single Judge; the Registry is directed to list this writ petition before the concerned Single Judge for hearing.ratio¶25-26

Cases cited

Colour shows how this judgement treated each authority

AI extract

Rajalakshmi vs. State of Tamil Nadu and othersFollowed¶22
H.C.P.No.1608 of 2020 (Rajalakshmi vs. State of Tamil Nadu and others) decided on 08.10.2021
KarunairajReferred¶24
Karunairaj (supra)

Statutes considered

2 provisions across 1 enactments

AI extract

Foreigners Act, 19463(2)(e)¶20-21 3(2)(e)¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Order passed under Section 3(2)(e) of the Foreigners Act, 1946, challenged in this writ petition.¶20-21

Parties & counsel

AI extract

petitioner
Nikisha Chowdhury W/o.Shuvo Chowdhury¶9
Mrs.S.Vedavalli
respondent
The Principal Secretary, Public (Foreigners – I) Department, Secretariat, Fort St.George, Chennai – 600 009¶11
Mr.A.Gokulakrishnan
respondent
The District Collector and Camp Officer, Special Camp for Foreigners, Central Prison Campus, Tiruchirappalli-620 001¶33
Mr.A.Gokulakrishnan
respondent
The Inspector of Police, Central Crime Branch, Egmore, Chennai-600 008¶33
Mr.A.Gokulakrishnan
respondent
The Sub Inspector of Police, Central Crime Branch - I, Alpha-V, Greater Chennai Police, Vepery, Chennai-600 007¶33
Mr.A.Gokulakrishnan
respondent
The Foreigners Regional Registration Officer, Bureau of Immigration, Shastri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai-600 006¶34
Mr.A.Gokulakrishnan

Coram

AI extract

N.SATHISH KUMARmember¶5
M.JOTHIRAMANmember¶7

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Feb 2025 · February
Registered: 10 Jan 2025
Case no.: WP/1188/2025
CNR: HCMA012327422024
Bench: N. Anand Venkatesh
Disposal: DISPOSED OF
Case type: W.P.Crl.

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Cite this judgement

R.Selvam v. the Land Acquisition Officer Cum, WP/1188/2025 (MAD), decided on 18 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Rajalakshmi vs. State of Tamil Nadu and othersFollowed¶22
KarunairajReferred¶24

Open Authorities

Statutes2

Foreigners Act, 19463(2)(e) · 3(2)(e)

View all statutes

Procedural history1

Order passed under Section 3(2)(e) of the Foreigners Act, 1946, challenged in this writ petition.

View full history

Bench / Coram

N.SATHISH KUMAR and M.JOTHIRAMAN

Parties & counsel