Niclos Leema Rose Mary v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-02-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 4637 OF 2026
1. Niclos Leema Rose Mary W/O.Ganendran
2. Minor Ganendran Kreshika D/O.Ganendran Rep by her Natural Guardian and mother Mrs.Nicolas Leema Rose Mary 162/741,Madampitiya Road Colombo-15, Sri Lanka
3. Minor Ganendran Akesh S/O.Ganendran Rep by her Natural Guardian and mother Mrs.Nicolas Leema Rose Mary 162/741,Madampitiya Road Colombo-15, Sri Lanka
4. Minor Ganendran Rithika D/O.Ganendran Rep by her Natural Guardian and mother Mrs.Nicolas Leema Rose Mary 162/741,Madampitiya Road Colombo-15, Sri Lanka ..Petitioner(s) Vs
1. Union Of India Ministry of Home affairs Foreigners Division Major Dhyan Chand National Stadium Near Pragati Maidan, New Delhi-110 001 rep by Joint Secretary (Foreigners)
2. Foreigners Regional Registration officer Chennai and Civil Authority Bureau of Immigration, MHA, Govt.of India Shastri Bhavan, Annexure, Chennai-600 006 ..Respondent(s)
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus direct the 1st respondents to consider the representation dated 6 December 2025 to remove the petitioners names from the blacklist maintained by the respondents and consequently the 1st respondent may direct the 2nd respondent to issue visa and permit the petitioners to enter into India to enable the 2nd to 4th petitioners to complete their studies for the academic year 2025-2026 and also permit the 1st petitioners to accompany with the 2nd to 4th petitioner as mother and natural guardian to look after them.
For Petitioner(s):
Mr.S.Sathyaganesh For Respondent(s):
Mr.K.V.Muthu Visakan, SPC for R.1 and R.2
ORDER
This Writ Petition has been filed for the following reliefs:- "direct the 1st respondents to consider the representation dated 6 December 2025 to remove the petitioners names from the blacklist maintained by the respondents and consequently the 1st respondent may direct the 2nd respondent to issue visa and permit the petitioners to enter into India to enable the 2nd to 4th petitioners to complete their studies for the academic year 20252026 and also permit the 1st petitioners to accompany with the 2nd to 4th petitioner as mother and natural guardian to look after them."
2. The petitioners herein are citizens of Sri Lanka. Petitioners 1 to 3 came to India in the month of November 2019 under a Tourist Visa, along with one
Mr. Ganendran, who is the husband of the 1st petitioner and the father of petitioners 2 to 4. The 4th petitioner was born in India. Due to the outbreak of COVID-19, the petitioners were unable to return to Sri Lanka and petitioners 2 to 4 continued their studies in India.
3. While so, only on 22.03.2025 the petitioners came to learn that they had overstayed in India without a valid visa, upon receiving a Leave India Notice from the 2nd respondent. Thereafter, as per the directions of the 2nd respondent the petitioners were sent back to Sri Lanka. During their stay in India, the petitioners were under the impression that Mr. Ganendran had obtained permission from the appropriate authorities for extension of their visas and had also secured student visas for petitioners 2 to 4.
4. After returning to Sri Lanka, since petitioners 2 to 4 were unable to continue their studies without obtaining certificates from their previous educational institutions in India, the 1st petitioner had filed W.P. No. 35878 of 2025 seeking permission to visit India to collect the children's school certificates. This Court, by order dated 22.09.2025, disposed of the said Writ Petition directing the respondent authorities to collect the school certificates and forward the same to the petitioner.
5. Recently, in order to dispose of valuable assets left unattended in India and to enable petitioners 2 to 4 to complete their studies for the academic year 2025-2026, the 1st petitioner applied for visas at the Indian Embassy in Sri Lanka. However, the Indian Embassy refused to grant visas, informing the petitioners that they had been blacklisted due to their overstay in India.
6. Therefore, on 06.12.2025, the petitioners had submitted a representation to the respondents seeking removal of their names from the blacklist and requesting permission to enter India, subject to any conditions that may be imposed by the authorities. However, the same has not been considered to date. Hence, the present Writ Petition.
7. Heard the learned counsel on either side and perused the records.
8. Considering the facts and circumstances of the case and taking note of the academic interests of the minor petitioners, the Writ Petition is allowed. The 1st respondent is directed to consider and pass orders on the petitioners' representation dated 06.12.2025, on merits and in accordance with law, within a
period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 06-02-2026 Index: Yes/No Speaking/Non-speaking order SHR To 1.Union Of India Ministry of Home affairs Foreigners Division Major Dhyan Chand National Stadium Near Pragati Maidan, New Delhi-110 001 rep by Joint Secretary (Foreigners) 2.Foreigners Regional Registration officer Chennai and Civil Authority Bureau of Immigration, MHA, Govt.of India Shastri Bhavan, Annexure, Chennai-600 006
P.T.ASHA J.
SHR AND WMP NO. 4637 OF 2026 06-02-2026