Kerala High Court
Madukolu Chibuzor Samson vs State Of Kerala on 31 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.42593/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 31st day of May 2024 / 10th Jyaishta, 1945
WP(C) NO. 42593 OF 2023 (Y)
PETITIONERS:
1. MADUKOLU CHIBUZOR SAMSON, AGED 36 YEARS, S/O GODFREY ARINZER
MADUKOLU, PERMANENTLY RESIDING AT ANANBRA STATE, ONITSHA DISTRICT,
AMANUKE TOWAN VILLAGE, AKWA NORTH, NIGERIA - 420115 PRESENTLY
DETAINED AT TRANSIT HOME, MAYYANADU P.O., KOTTIYAM, KOLLAM , PIN -
691571
2. CHRISTIAN MADUABUCHI ABUCHI, AGED 44 YEARS, COLNUS, LATE OWERRI
(TOWN), MBANO IMO STATE, NIGERIA - 460271, PRESENTLY DETAINED AT
TRANSIT HOME, MAYYANADU P.O., KOTTIYAM, KOLLAM , PIN - 691571
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. FOREIGN REGIONAL REGISTRATION OFFICER (FRRO) COCHIN INTERNATIONAL
AIRPORT, 2ND FLOOR, AIRLINES BUILDING, NEDUMBASSERY , PIN - 683111
3. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001
4. THE STATION HOUSE OFFICER, GURUVAYUR TEMPLE POLICE STATION,
MELPATHUR ROAD, SOUTH NADA, THRISSUR , PIN - 680101
5. THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, THRISSUR ,
PIN - 680006
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to:
i. Issue a writ of mandamus to the 1st, 2nd and 3rd respondents to
deport the petitioners to Nigeria;
ii. Issue a writ of mandamus to the 1st, 2nd and 3rd respondents to
set the petitioners at liberty for the purpose of their deportation;
iii. Grant monetary compensation to the petitioners for their
illegal detention and for the irreparable injury and hardship caused to
them on violation of their fundamental rights to the tune of Rs. 1 Crore
(Rupees One Crore) or any other amount this Hon'ble Court deems fit;
iv. Issue any other writ, or pass any other order or direction
deemed fit in the facts and circumstances of this case.
WP(C) No.42593/2023 2/2
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
16.02.2024 and upon hearing the arguments of M/S.NIHARIKA HEMA RAJ ,
Advocate for the petitioners, GOVERNMENT PLEADER for R1, R4 & R5, CENTRAL
GOVERNMENT COUNSEL for R3, the court passed the following:
ORDER
Post on 05/06/2024.
Central Government Counsel to go through the decision of the
Delhi High Court in WP(Crl)550/2022 which has been made available by the
counsel for the Petitioner and submit whether any other arrangements as
mentioned in paragraph 34 of the judgment can be considered in the case of
the Petitioners who have been in custody for the past four years.
Sd/- T.R.RAVI, JUDGE
31-05-2024 /True Copy/ Assistant Registrar
