The Madras High Court on Monday dismissed a PIL seeking a direction to the Tamil Nadu government to extend the Pongal gift hampers announced by it to non-camp Sri Lankan Tamil refugees residing in Tamil Nadu.
It is submitted on behalf of petitioner Dr Ramu Manivannan that the Pongal gift hampers have not been given to the Sri Lankan Tamil refugees staying outside the camp, while it has been extended to the refugees staying in the camp. In this regard, the petitioner draws analogy to the benefits extended during the second phase of Covid-19 to the refugees staying outside the camp.
The PIL has been opposed by Additional Government Pleader. He contended that the Government decided not to extend Pongal gift hampers to those who have not opted to stay in the refugees camp. They are not having ration cards and otherwise they are doing their own business or having jobs to survive well. Taking the aforesaid into consideration, the benefit of Pongal gift hampers has not been extended to the refugees staying outside the camp.
It is further submitted that the benefit arising out of a scheme pursuant to Covid-19 was applied to the refugees even staying outside the camp for the reason that due to Covid-19 second phase their business or job was affected creating an abnormal situation which affected their livelihood. In such circumstances, the benefit of Covid19 was extended to the refugees staying outside the camp, which was not the obtaining position as of today. Rather, the refugees staying outside the camp are doing well and, accordingly, the Government has taken a decision not to extend the benefit of Pongal gift hampers to the refugees staying outside the camp.
The Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu while considering the PIL observed that the PIL has been filed to direct the respondents to extend the benefit of Pongal gift hampers to the Sri Lankan Tamil refugees staying outside the camp. The reason for not extending the Pongal gift hampers has been explained by learned Additional Government Pleader. The refugees staying outside the camp are involved in the business or having jobs and, therefore, they opted to stay outside the camp without ration cards or control of the Government. Taking the aforesaid into consideration, the benefit of Pongal gift hampers has not been given to the refugees staying outside the camp.
As far as the extension of Covid-19 benefit arising out of the Covid-19 second phase is concerned, the reason for extension of such benefit has been given in the press release dated 19.06.2021, the Bench noted.
It is further observed by the Bench that the benefit arising out of the Covid-19 second phase was given to the refugees staying outside the camp for the reason that their business or jobs was affected by the Covid-19 second phase, which is not the present scenario. Accordingly, the Government took a decision not to extend the benefit of giving Pongal gift hampers to those who are doing well in their own business or jobs, by staying outside the camp.
In light of above facts the Court did not found any illegality in the policy decision taken by the Government so as to accede to the prayer made in the PIL and therefore the Court dismissed the PIL.