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Madras High CourtWP/18254/2024disposed of with direction

Mary Jerlin Priya Thangaraj v. The Government Of India

2025-11-21Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Mrs.Mary Jerlin Priya Thangaraj 98, Roland Garros Crescent, North Kellyvile, NSW-2155, Australia.

Petitioner(s) Vs.

1. The Government of India Rep. By Its Secretary To Government, Ministry Of Home Affairs, OCI, Foreigners Division, Citizenships Section, Citizenships Section, 26, Mansingh Road, Jaisalmer House, New Delhi-110 011.

2.OCI Services, Consulate General Of India, Level 1, 265 Castle Reagh Street, Syndney NSW, 2000, Australia.

3.FRRO, Chennai, No.26, 1/7

Shastri Bhavan, Annexe Building, 26, Haddows Road, Nungambakkam, Chennai-600 006.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1 st respondent to consider the Revision Petition dated 05.10.2023 filed by the petitioner, pending before the 1 st respondent within a stipulated time as fixed by this Hon'ble Court. For Petitioner(s):

Mr.M.Lenin Samuel For Respondent(s):

Mr.R.Siddharth Central Government Standing Counsel

ORDER

The present writ petition has been filed to direct the first respondent to consider the Revision Petition filed by the petitioner dated 05.10.2023. 2/7

2. The learned counsel for the petitioner submits that the petitioner is a citizen of India, born at No.22/9, Kattapuli Palla Street, Vikramasingapuram, Tirunelveli District, Tamil Nadu, in the year 1981, and her birth certificate was issued by the Vikramasingapuram Municipality on 23.01.1981. The petitioner is presently holding an Australian passport, having acquired Australian citizenship as her husband is an Australian citizen. Her husband has obtained an Overseas Citizen of India (OCI) Card from the Indian Embassy, and the petitioner's daughters, though born in Tamil Nadu, are also OCI Card holders. The petitioner surrendered her Indian passport on 13.05.2021 at the Consulate General of India, Sydney, Australia.

Since the petitioner's parents were settled in Tiruchirappalli, while applying for passport earlier, the place of birth was inadvertently shown as Tiruchirappalli instead of Tirunelveli. On account of the said discrepancy, when the petitioner applied for issuance of an OCI Card before the FRRO, Chennai, the same was rejected by the respondents on 22.12.2022. Aggrieved by the same, the petitioner filed a Revision Petition under Section 15 of the Citizenship Act before the Government of India, which is still pending consideration.

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3. The learned Central Government Standing Counsel appearing for the respondents would submit that the application for OCI was rejected in accordance with the prevailing guidelines on account of discrepancies in the particulars furnished by the petitioner, particularly with regard to the place of birth. It is further submitted that the petitioner has already availed the remedy of filing a revision under Section 15 of the Citizenship Act before the competent authority, and the same is now pending consideration. He further submitted that appropriate orders will be passed in accordance with law.

4. Considering the submissions and the materials placed on record, this Court is of the view that, since the petitioner has already filed a Revision Petition under Section 15 of the Citizenship Act and the same is pending before the competent authority, a direction is required to be issued to the first respondent to consider and dispose of the said revision petition within a stipulated time, without expressing any opinion on the merits of the claim made by the petitioner.

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5. Therefore, the first respondent is directed to consider and dispose of the Revision Petition filed by the petitioner on 05.10.2023 and pass appropriate orders in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of with the above direction. However, there shall be no order as to costs. 21-11-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes 5/7

To

1. The Government of India Rep. By Its Secretary To Government, Ministry Of Home Affairs, OCI, Foreigners Division, Citizenships Section, Citizenships Section, 26, Mansingh Road, Jaisalmer House, New Delhi-110 011.

2.OCI Services, Consulate General Of India, Level 1, 265 Castle Reagh Street, Syndney NSW, 2000, Australia.

3.FRRO, Chennai, No.26, Shastri Bhavan, Annexe Building, 26, Haddows Road, Nungambakkam, Chennai-600 006.

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M.DHANDAPANI, J.

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