Madras HC says building refugee camp part of government policy, cannot interfere

MADURAI:  Hearing a Public Interest Litigation (PIL) filed against the State government's decision to set up a Sri Lankan refugee camp on a land that was previously earmarked for a bus stand at Thoranakkalpatti in Karur, the Madurai Bench of Madras High Court said that the court could not interfere in the matter as it is a humanitarian issue and also a policy decision of the State government.

A Bench comprising Justices PN Prakash and R Hemalatha further said that they understand the reason behind the government's decision as many refugees are fleeing to India from neighbouring countries and they have to be accommodated.

Though a bus stand is important for the public, when the government cites financial crunch for dropping the project, the court cannot give a direction to construct it, the judges said.

However, the petitioner's counsel argued that the G.Os passed in 2021 for the construction of the bus stand would automatically overrule the earlier G.O. dated June 10, 2014, based on which the refugee camp is now proposed to be built.

Following this, the judges suggested the government to withdraw the old G.Os and issue a fresh one. Granting time to the government, the Bench then tagged the present petition together with related cases pending before the court and adjourned the matter for two weeks.

The PIL was filed by P Kumaresan, a resident of Karur. According to Kumaresan, the State government had planned to construct an additional bus stand at Thoranakkalpatti village at a cost of Rs 40 crore and had taken steps to float a tender for the same.

However, on March 15, 2022, the Principal Secretary of the Commissionerate of Rehabilitation and Welfare of Non-Resident Tamils passed an order for building a Sri Lankan refugee camp on the same land, and the Karur Collector also granted technical sanction for the construction, Kumaresan said.

Claiming that constructing refugee camps in residential areas would endanger the safety of the residents, Kumaresan moved the PIL.

MADURAI:  Hearing a Public Interest Litigation (PIL) filed against the State government's decision to set up a Sri Lankan refugee camp on a land that was previously earmarked for a bus stand at Thoranakkalpatti in Karur, the Madurai Bench of Madras High Court said that the court could not interfere in the matter as it is a humanitarian issue and also a policy decision of the State government. A Bench comprising Justices PN Prakash and R Hemalatha further said that they understand the reason behind the government's decision as many refugees are fleeing to India from neighbouring countries and they have to be accommodated. Though a bus stand is important for the public, when the government cites financial crunch for dropping the project, the court cannot give a direction to construct it, the judges said. However, the petitioner's counsel argued that the G.Os passed in 2021 for the construction of the bus stand would automatically overrule the earlier G.O. dated June 10, 2014, based on which the refugee camp is now proposed to be built. Following this, the judges suggested the government to withdraw the old G.Os and issue a fresh one. Granting time to the government, the Bench then tagged the present petition together with related cases pending before the court and adjourned the matter for two weeks. The PIL was filed by P Kumaresan, a resident of Karur. According to Kumaresan, the State government had planned to construct an additional bus stand at Thoranakkalpatti village at a cost of Rs 40 crore and had taken steps to float a tender for the same. However, on March 15, 2022, the Principal Secretary of the Commissionerate of Rehabilitation and Welfare of Non-Resident Tamils passed an order for building a Sri Lankan refugee camp on the same land, and the Karur Collector also granted technical sanction for the construction, Kumaresan said. Claiming that constructing refugee camps in residential areas would endanger the safety of the residents, Kumaresan moved the PIL.