Nivedha Ganesan v. The Joint Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-02-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 1710 of 2024 and WMP.No.1760 of 2024 Nivedha Ganesan ..Petitioner(s) Vs
1. The Joint Secretary Government Of India, Ministry Of Home Affairs, Foreigners Division, National Stadium, India Gate, New Delhi, Delhi-110 001.
2. The Collector Erode District, State Highway 96, Opposite To District Court, Palayapalayam, Erode- 638 011.
3. The Foreigners Regional Registration Officer (FRRO) Shasthri Bhavan Annexe, 26, Haddows Road, Nungambakkam, Chennai-006.
4. Shankar Kanna Thangaraju ..Respondent(s) Prayer: - Writ petition under Article 226 of the constitution of India praying for issuance of a writ of mandamus directing the respondents 1, 2 and 3 to grant necessary permission in accordance with law under Section 4 and 5 of the Citizenship Act, 1955 for acquisition of Indian Citizenship by Descent to the Petitioner minor son Mailan (13 months old).
For Petitioner(s):
Ms. Subhashini
For Respondent(s): Mr. K.S. Jeyaganeshan, SPC for R1 and R3 Mr. V. Jeevagiridhar for R2 Mr. H. Adaikala Arockiaraj for R4
ORDER
This Writ Petition has been filed for the following reliefs:- "directing the respondents 1, 2 and 3 to grant necessary permission in accordance with law under Section 4 and 5 of the Citizenship Act, 1955 for acquisition of Indian Citizenship by Descent to the Petitioner minor son Mailan (13 months old)."
2. The main grievance of the petitioner is that, due to the non-cooperation of the 4th respondent, who is the husband of the petitioner, her representation seeking initiation of the procedure for acquiring Indian nationality for her son, Mailan, has not been processed by respondents 1 to 3.
3. On the last occasion, the learned counsel for the 4th respondent was directed to obtain instructions as to whether the 4th respondent would cooperate in uploading the joint affidavit for processing the application for acquiring Indian citizenship for his minor son. The learned counsel has now received a communication from the 4th respondent, which reads as follows:- "I have no objection to providing an affidavit that complies with the law."
4. Recording the same, the Writ Petition is disposed of. The petitioner is directed to submit the necessary application along with the joint affidavit to the concerned authority, namely, the 2nd respondent, who, on receipt of the same, shall, within a period of two weeks therefrom, forward it to the 1st respondent. Thereafter, the 1st respondent shall pass necessary orders within a period of one month. No costs. Consequently, the connected Miscellaneous is closed. 23-02-2026 Index: Yes/No Speaking/Non-speaking order SHR To
1. The Joint Secretary Government Of India, Ministry Of Home Affairs, Foreigners Division, National Stadium, India Gate, New Delhi, Delhi-110 001.
2. The Collector Erode District, State Highway 96, Opposite To District Court, Palayapalayam, Erode- 638 011.
3. The Foreigners Regional Registration Officer (FRRO) Shasthri Bhavan Annexe, 26, Haddows Road, Nungambakkam, Chennai-006.
P.T.ASHA, J.
SHR WP No. 1710 of 2024 23-02-2026