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Boopalan B vs Union Of India Through Secretary
2025 Latest Caselaw 4172 Mad

Citation : 2025 Latest Caselaw 4172 Mad
Judgement Date : 19 March, 2025

Madras High Court

Boopalan B vs Union Of India Through Secretary on 19 March, 2025

Author: S. M. Subramaniam
Bench: S. M. Subramaniam
                                                                                        W.A.No.3686 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 19.03.2025

                                                        CORAM

                              THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM
                                                           AND
                                    THE HON'BLE MR. JUSTICE K. RAJASEKAR


                                            Writ Appeal No.3686 of 2024

                 Boopalan B                                             ... Appellant/Party-in-Person

                                                             Vs.

                 1.Union of India through Secretary,
                   Prime Minister Secretariat,
                   South Block, Secretariat Building,
                   Raisina Hill, New Delhi, India

                 2.Union of India through Secretary,
                   Ministry of Defence,
                   IHQ of MoD (Army), South Block,
                   New Delhi – 110001.

                 3.Union of India through Secretary,
                   Ministry of Telecommunication and IT,
                   Sanchar Bhavan, 20 Ashoka Road,
                   New Delhi – 110001.

                 4.Union of India through Secretary,
                   Department of Space and ISRO HQ
                   Antariksh Bhavan,
                   New BEL Road,
                   Bangalore 560 231.


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 21/03/2025 04:30:40 pm )


                 1/7
                                                                                     W.A.No.3686 of 2024


                 5.State of Delhi through Secretary,
                   In respect of DCP,
                   DCP Office Complex, P.S.Parliament Street,
                   New Delhi District
                   New Delhi – 110001.                                           ... Respondents



                                  Writ Appeal filed under Clause 15 of Letters Patent Act,
                 against the order dated 28.08.2024 in W.P.No.8072 of 2024.


                           For Appellant      : Mr.Boopalan.B (P-in-P)

                           For RR1 to 4       : Mr.T.L.Thirumalaisamy
                                                Central Government Standing Counsel

                           For R5             : Not ready in notice.


                                                    JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Writ appeal has been instituted challenging the writ order dated

28.08.2024 in W.P.No.8072 of 2024.

2. The appellant has filed the writ petition to direct the respondents to

(1) conduct an enquiry on this Havana Syndrome in our country and to

prevent any such high frequency microwave radiations travelling inside the

territory of India, (2) and provide compensation of the above said amount

(i.e) Rs.60 lakhs for practising Society Gathering Module by Military

Intelligence and Defence Space https://www.mhc.tn.gov.in/judis ( UploadedAgency with on: 21/03/2025 thepmhelp 04:30:40 ) of civil authorities in

the lost restaurant business (3) and recommend the Hon'ble Central

Government to make the Artificial Intelligence Law for protecting the

citizen of India. The writ Court has considered the issues with reference to

the pleadings of the parties.

3. The appellant appearing in person would submit that he is an Ex-

Serviceman was running a restaurant and sustained loss. The petitioner

states that in view of the high frequency microwave radiations used by the

Defence Space Agency against him, he is suffering health issues. The

grievances of the appellant is that he is suffering from Hawana Syndrome

for few years and he can feel the unknown high frequency microwave

radiations across his body including hitting on spinal area, harming on eyes,

tongue and nose, electricity shock on teeths hitting on brain, headache

chilling, itching on body smelling, heating by emitting infrared rays, severe

aches on his body.

4. Pertinently, the appellant has not produced any medical records to

establish such reactions in his body. The allegation is that Defence Space

Agency is targeting him with the help of radiations, which is causing

harmful effects on his body.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 04:30:40 pm )

5. In this context, the Union of India through Secretary, Ministry of

Telecommunication and IT, New Delhi filed a counter affidavit which

states that by using this technology, the respondents can track every

moment of his life even when he is inside a building and those who are

targeting him with the help of this radiation can also increase or decrease

the intensity of the radiation with ease and increase the intensity of

radiation will give him severe headache. In this regard, the appellant has

not attached or produced any evidences in support of these statements and

does not even know who is targeting him. The statements of the appellant

are in nature of disclosing the potential of a (unknown) technology, are

found hypothetical and without any evidence. The appellant has stated that

Havana Technology was first used by Cuba on USA diplomats which

became serious issue in 2016 by making more than 200 diplomats family as

victim of this and whereas he has also attached The Harvard Gazette as

Annexure C in the typed set of papers in the present writ petition as

evidence. In this regard, it is submitted that the said Gazette itself, inter-alia

mentions that intelligence agencies have been unable to determine what's

behind the incident. Further police in Vienna are investigating the incidents,

that the cause of illness has not been identified and that a 2018 FBI report

on the Havana embassy victims declared their conditions psychologically

driven most likely due to( Uploaded https://www.mhc.tn.gov.in/judis stress.on: The above 21/03/2025 statement 04:30:40 pm ) of the petitioner

pertains to possible incidents beyond the territorial jurisdiction of India,

which are outside the purview of this Department.”

6. The learned Single Judge also considered these factors and formed

an opinion that the appellant has not established any cause for considering

the relief as sought for. This Court has concurred the view taken by the writ

Court and consequently the writ appeal stands dismissed. There shall be no

order as to costs.

                                                                            (S.M.S., J.)    (K.R.S., J.)
                                                                                    19.03.2025
                 ssi
                 Index: Yes/No
                 Speaking Order: Yes/No
                 Neutral Citation Case : Yes/No




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 21/03/2025 04:30:40 pm )







                 To:

                 1.Union of India through Secretary,
                   Prime Minister Secretariat,
                   South Block, Secretariat Building,
                   Raisina Hill, New Delhi, India

                 2.Union of India through Secretary,
                   Ministry of Defence,
                   IHQ of MoD (Army), South Block,
                   New Delhi – 110001.

                 3.Union of India through Secretary,
                   Ministry of Telecommunication and IT,
                   Sanchar Bhavan, 20 Ashoka Road,
                   New Delhi – 110001.

                 4.Union of India through Secretary,
                   Department of Space and ISRO HQ
                   Antariksh Bhavan,
                   New BEL Road,
                   Bangalore 560 231.

                 5.State of Delhi through Secretary,
                   In respect of DCP,

DCP Office Complex, P.S.Parliament Street, New Delhi District New Delhi – 110001.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 04:30:40 pm )

S. M. SUBRAMANIAM., J.

AND K. RAJASEKAR., J.

ssi

19.03.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 04:30:40 pm )

 
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