K.P. Jayaram v. Secretary To The Govt., Ministry Of External Affairs & ORS

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 641/2016 & C.M.Nos.2620-2622/2016 K.P. JAYARAM ..... Petitioner Through Mr.Deepak Prakash with Mr.Venkat Raddy and Ms.Neelam Bari, Advocates.

versus SECRETARY TO THE GOVT., MINISTRY OF EXTERNAL AFFAIRS & ORS ..... Respondents Through Mr.Ravi Prakash, Advocate for R- 1 & 2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.01.2016 The present writ petition has been filing with the following prayers:- " (a) To issue a writ/order/direction in nature of mandamus or any other appropriate writ/order/direction directing the Respondent to release the PIO/OCI Card of the petitioner for the purposes of appearing and participating before different courts and authorities in cases pending against him in India;

(b) To issue a order directing the Respondents to comply by the order of the Hon'ble High Court dated 03.11.2015 in W.P.(C) No.4669/2015; and (c) Issue any other order9s) or direction(s), which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case."

Petitioner's earlier writ petition being W.P.(C) 4669/2015 for the same relief was disposed of by this Court on 03rd November, 2015. The relevant portion of the said order is reproduced hereinbelow:- "10. In this view of the matter, rather than dealing with the applications for amendment etc., it is deemed expedient to dispose of this writ petition with the following directions: (i) The petitioner to appear before FRRO, Chennai, Bureau of Immigration, Shastri Bhawan (Annexe) No.26, Haddows Road, Chennai, Tamil Nadu, Telephone No.044-23454970 tomorrow i.e. 4th November, 2015 at 1500 hours for consideration of his request for extension of his visa and / or for enabling the petitioner to remain in India under the double entry visa already in his favour without being required to leave and come back to India.

(ii) Needless to state that the aforesaid request shall be consider sympathetically and if the petitioner complies with all the conditions / formalities in this regard, the decision thereon shall be communicated to the petitioner within 24 hours of the petitioner appearing as aforesaid.

(iii) The petitioner, for consideration of his request for restoration of PIO / OCI status, to appear before Mr. P.K. Bhardwaj, Chief Immigration Officer, East Block-8, R.K. Puram, New Delhi on 17th November, 2015 or on such subsequent date as the counsel for the respondent may intimate to the counsel for the petitioner and submit all the documents in that regard. The writ petition along with the applications shall be considered as a representation of the petitioner and a decision thereon shall also be taken as expeditiously as possible and latest within four weeks of the petitioner first appearing."

Learned counsel for petitioner states that in compliance with the aforesaid order, petitioner appeared before the FRRO, Chennai as well as

before the Chief Immigration Officer at New Delhi, but no order has been passed till date.

Keeping in view the aforesaid order dated 03rd November, 2015 and the fact that the petitioner has valid permission to stay in India till 13th February, 2016, this Court directs that the petitioner's representation be decided by the respondent no.3 within a period of two weeks. With the aforesaid direction, the present writ petition and the application are disposed of.

Copy of order be given dasti under the signatures of the Court Master. MANMOHAN, J JANUARY 25, 2016 KA