Dr Harihar Narasimha Iyer & ORS v. Union Of India & ORS

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5613/2018 DR HARIHAR NARASIMHA IYER & ORS ..... Petitioners Through:

Mr S.

Sirajudeen, Sr.

Advocate alongwith Mr Shinoj K. Narayanan and Mr Nishad L. S., Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr Rajesh Gogna, CGSC for R-1 to R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.05.2019 CM No.23881/2019 1.

Allowed, subject to all just exceptions.

CM No.23880/2019 2.

This is an application for early hearing.

3.

For the reasons stated in the application, the same is allowed. W.P.(C) 5613/2018 4.

The petitioners have filed the present petition, inter alia, praying as under:- "(a) Issue a writ of mandamus or a writ or direction in the nature of mandamus directing the Respondents No.l to 3 to renew the passport no.G8564417 of the petitioner no.l upon the application to that effect made; and

(b) Issue a writ of mandamus or a writ or direction in the nature of mandamus restraining the respondents no.l to 3 to not impound the passport no.G8564417 of the petitioner no.l; and (c) Issue a writ of mandamus or a writ or direction in the nature of mandamus directing the respondent 3 to give clearance for the issuance of Overseas Citizen of India Cards to the petitioners no.2 and 3 on the basis of the applications dated March 16, 2017 and March 14, 2017 made by the petitioners no.2 and 3; and /or (d) Issue a writ of mandamus or a writ or direction in the nature of mandamus directing the respondent 1 to issue Overseas Citizen of India Cards to the petitioners no.2 and 3 on the basis of the applications dated March 16, 2017 and March 14, 2017 made by the petitioners no.2 and 3; and /or 5.

Insofar as the relief for providing passport facilities to petitioner no.1 is concerned, this Court is informed that the passport of petitioner no.1 has already been renewed and, therefore, the petitioner's grievance in this regard stands addressed.

6.

Insofar as the relief sought by petitioner nos. 2 (Dr. Narasimha Iyer) and 3 (Krishnakumari Ammal Rajammal) with regard to the issuance of Overseas Citizen of India cards is concerned, it is stated that their application has been put on hold for the past almost two years. 7.

This Court is of the view that the said applications are required to be processed. The respondents are, accordingly, directed to do so within a period of six weeks from today.

It is clarified that in the event, the respondents are of the view that the OCI status is required to be denied to petitioner nos. 2 and 3, the reasons for the same would be communicated to the said petitioners within the aforesaid period.

8.

The petition is disposed of with the aforesaid directions. 9.

The hearing scheduled on 29.07.2018 stands cancelled. VIBHU BAKHRU, J MAY 17, 2019 MK