Fareeda Mohamed v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.16425 of 2019 MRS.FAREEDA MOHAMMED ...PETITIONER Vs.
1. The Union of India Rep. by Secretary to Government of India Ministry of External Affairs, New Delhi.
2. Foreigners Regional Registration Office Bureau of Immigration Shastri Bhavan Annexure No.26, Haddows Road Nungambakkam, Chennai - 600 006.
3. The Immigration Officer Bureau of Immigration Shastri Bhavan Annexure No.26, Haddows Road Nungambakkam, Chennai - 600 006. ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to extend the Petitioner's Visa by considering the Petitioner's application (Application ID No. 200 41 9317 TQ6) for Visa extension dated 20.04.2018 within a time frame fixed by this Hon'ble Court and further direct the respondents not to take any coercive steps against the petitioner until the consideration and disposal of petitioner's application for Visa extension dated 20.04.2019.
For Petitioner:Mr.I.Abdul Basith For Respondent:Mr.S.Janarthanan Central Government Standing Counsel
O R D E R
This Writ Petition has been filed for a direction to the Second Respondent to extend the visa of the Petitioner by considering the application made by the Petitioner bearing application ID No. 200 41 9317 TQ6 dated 20.04.2019 for
extension of visa and for a direction to the Respondents not to take any coercive steps against the Petitioner until the consideration and disposal of aforesaid application made by the Petitioner.
2.The Respondents have filed Counter Affidavit dated 24.06.2019 stating that the application filed by the Petitioner for extension of visa could not be processed as he had not submitted the following required documents:- "(i) A request letter from self requesting for conversion and extension of visa.
(ii) Marriage Certificate issued by the competent authority. If marriage registered outside country, it should be attested by the concerned emabssy and MEA.
(iii)Indian passport copy of the spouse in which the spouse name is endorsed.
(iv) Notarized undertaking stating that I do not hold any Indian Voter Id or Ration Card in my name. (v) Latest Police Clearance Certificate in case the applicant is a Sri Lankan origin.
(vi) Form "C"."
It is further stated that if the aforesaid documents are submitted by uploading the same in the prescribed website and the Petitioner extends necessary co-operation, the same would be processed.
3. In view of the same, Learned Counsel for the Petitioner submits that the Petitioner would submit fresh application with the required documents and the said statement is recorded.
4. Accordingly, the Writ Petition stands disposed. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar maya
To
1. The Secretary to Government of India Ministry of External Affairs New Delhi.
2. Foreigners Regional Registration Office Bureau of Immigration Shastri Bhavan Annexure No.26, Haddows Road Nungambakkam, Chennai - 600 006.
3. The Immigration Officer Bureau of Immigration Shastri Bhavan Annexure No.26, Haddows Road Nungambakkam, Chennai - 600 006.
+1cc to Mr.S.Janarthanan, Advocate, S.R.No.52452 W.P.No.16425 of 2019 RJI(CO) CS/26/07/2019