Meenachi Jagatheesan v. Union Of India & ORS

$~462 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12190/2018 MEENACHI JAGATHEESAN ..... Petitioner Through Mr Mubarak Ahmad, Mr Ram Sankar, Mr Leo George Rozorio, Mr Yusuf Khan, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through Mr Brajesh Kumar, Advocate for R1 and R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.11.2018 CM No. 47294/2018 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 12190/2018 & CM No. 47293/2018 3.

The petitioner has filed the present petition, inter alia, praying that a certified copy of the letter dated 09.07.1991 be provided to the petitioner. 4.

The petitioner states that the said letter was shown in the Madras High Court in proceedings relating to Writ Petition No. 11916/2009. 5.

The petitioner is, essentially, aggrieved by the impounding of her OCI card and thereby preventing her entry in this country. The present writ

petition is the 5th writ petition that has been filed by the petitioner with regard to her grievance. The first writ petition (W.P. (C) 21658/2007) was filed by the petitioner before the Madras high Court being aggrieved by impounding of the PIO Card issued to her. The same was disposed of by the Madras High Court permitting the petitioner to make a representation to the respondents. The petitioner made a representation but the same is rejected and this led the petitioner to file another writ petition (W.P. (C) No. 11916/2009) before the Madras High Court (this was the second writ petition). This petition was disposed of by the Madras High Court by granting liberty to the petitioner to apply for a visa. The petitioner then, applied for a visa and was also issued an OCI Card.

This card was subsequently, impounded on her arrival in India at Chennai International Airport on 19.09.2013. The petitioner once again approached the Madras High Court by filing a writ petition being W.P. (C) No. 27373/2014 (this was the third writ petition) challenging the said action of the respondent and impounding petitioner's OCI card. Thereafter, the petitioner also filed another writ petition (being W.P. (C) 25492/2017) before the Madras High Court challenging the impounding of the OCI card. Both the aforesaid writ petitions W.P. (C) No. 27373/2014 and 25492/2017 are pending before the Madras High Court.

6.

In view of the above, this Court does not consider it apposite to entertain the present petition. The main grievance of the petitioner is being considered by the Madras High Court and the petitioner and this Court is of the view that the petitioner should be relegated to avail of any remedies available in that jurisdiction.

7.

In view of the above, the present petition is dismissed leaving it open for the petitioner to file an appropriate proceedings before the appropriate Court. The pending application is also disposed of. VIBHU BAKHRU, J NOVEMBER 14, 2018 pkv