Sh.Achyut Kumar Chandu Bhai v. Union Territory Of Pondicherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3880 of 2018 Sh. Achyut Kumar Chandu Bhai Patel S/o. Chandubhai Chhotabhai Patel No.24, RUE La De Lauriston Pondicherry - 605 001.

... Petitioner Vs.

1. Union Territory of Pondicherry Rep by the Chief Secretary to Government (Home) Government of Puducherry Chief Secretariat, Goubert Avenue Beach Road Puducherry - 605 001.

2. The Under Secretary to Government (Home) Government of Puducherry Chief Secretariat, Goubert Avenue Beach Road Puducherry - 605 001.

3. The Under Secretary to Government Government of India / Bharat Sarkar Ministry of Home Affairs / Grih Mantralaya 1st Floor, Majoy Dhyan Chand National Stadium India Gate, New Delhi - 110 002.

...Respondents

Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, calling for records relating to a impugned communication vide No. 26015/0563/2015-IC.II dated 29.09.2017 sent by the Third Respondent to the Second Respondent and quash the same as highly illegal, unlawful, arbitrary, untenable, unreasonable and unconstitutional and same crystal clearly reveals nonapplication of mind and consequently direct the Third Respondent to grant Indian Citizenship to the Petitioner. For Petitioner:

Mr. Prakash Adiapadam For Respondents:

Mr. D. Ravichander (For R1 & R2) Additional Government Pleader (Puducherry) Mr. T.V. Krishnamachari (For R3) Central Government Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The Third Respondent has filed a memo stating that since the Petitioner is the Citizen of Zambian, he could make an application for Indian Citizenship after completing 12 months continuous stay in India.

2.

Learned Counsel for the Petitioner submits that the Petitioner had gone abroad and has returned to India only in June 2019 and after satisfying the requisite period of 12 months, he will make an application for Indian Citizenship. 3.

Recording the said submissions, the Writ Petition is disposed. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar maya/sni To

1. The Chief Secretary to Government (Home) Government of Puducherry Chief Secretariat, Goubert Avenue Beach Road Puducherry - 605 001.

2. The Under Secretary to Government (Home) Government of Puducherry Chief Secretariat, Goubert Avenue Beach Road Puducherry - 605 001.

3. The Under Secretary to Government Government of India / Bharat Sarkar Ministry of Home Affairs / Grih Mantralaya 1st Floor, Majoy Dhyan Chand National Stadium India Gate, New Delhi - 110 002.

+1cc to Mr.M.Vaikunth, Advocate, S.R.No. 99285 +1cc to Mr.T.V.Krishnamachari, Advocate, S.R.No. 98666 +1cc to the Government Pleader, S.R.No. 99059 W.P. No. 3880 of 2018 GP(CO) GN(03/01/2020) https://hcservices.ecourts.gov.in/hcservices/