Ashwitha Murugaiah v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
1. Ashwitha Murugiah ... Petitioner in W.P. Nos. 18519 of 2022
2. Rashika Murugiah ... Petitioner in W.P. Nos. 18525 of 2022 Vs.
1. The Union of India, Represented by its Secretary, Ministry of Home Affairs, North Block, Central Secretariat, Delhi, Delhi (NCT). 110001.
2. The Government of Tamil Nadu, Represented by its Secretary, Home Department, Fort St. George, Chennai - 600 009.
3. The District Collector, Trichirapalli Collectorate, Trichirapalli District - 620001.
... Respondents 1/5
Prayer in W.P. Nos. 18519 & 18525 of 2022:
Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the first respondent to issue a certificate of citizenship to the petitioners by disposing of the application filed by the petitioners before the first respondent in Ministry of Home Affairs file Nos. 2018040547 & 2019020032 respectively dated 14.12.2018 and 24.01.2019 filed under Section 5(1)(e) of the Indian Citizenship Act 1955 which was duly registered by the second respondent dated 05.09.2020 forthwith.
For Petitioners : Mr. P. Ebenezer Paul For Respondents : Mr. M. Karthikeyan, SCGSC for R1 Mr. R. Kumaravel Additional Government Pleader for R2 and R3 COMMON ORDER Since the issue raised in both the writ petitions is the same, with the consent of learned counsel for both parties, these writ petitions are heard and disposed of by this common order.
2. These petitioners are sisters. The first writ petitioner has made an application under Section 5(1) (a) of the Indian Citizenship Act, 1955 and the second petitioner has made an application under Section 5(1) (c ) of the said Act on 14.12.2018 and 24.01.2019 respectively. The said applications have not been considered by the respondents so far and therefore, the writ petitioners 2/5
have moved these present writ petitions.
3. Heard Mr. P. Ebenezer Paul, learned counsel for the petitioners, Mr. M. Karthikeyan, SCGSC for R1 and Mr. R. Kumaravel, Additional Government Pleader for R2 and R3.
4. The learned counsel of the petitioners would submit that, if a direction is issued to the respondents to consider the applications submitted respectively by the petitioners and pass orders thereon under law within a time frame to be stipulated by this Court, the petitioners would be satisfied. However, learned counsel for the respondent, on instructions, would submit that, since it involves a cumbersome process, where police verification and enquiry has to be conducted as per the provisions of the Citizenship Act, especially under Section 13 during the scrutiny of the applications, therefore, after completion of the inquiries only, the applications can be disposed of. Hence he seeks long time of three months period.
5. In view of the said submission made by the learned counsel for the parties, especially the learned Standing Counsel for the respondents and by taking note of the innocuous nature of the prayer sought for in these writ petitions, this Court is inclined to dispose of the writ petition with the following 3/5
manner:- There shall be a direction to the respondents to consider the applications respectively submitted by the petitioners on 14.12.2018 and 24.01.2019 and after scrutiny and verification of the same, as per the provisions of the Act, pass orders thereon, within a period of 60 days from the date of receipt of a copy of this order.
6. With these directions, the writ petitions stand disposed of. No costs. 30.09.2022 Index : Yes / No Internet : Yes/ No mrn To
1. The Director of Medical Education No. 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai - 600 031.
2. The Registrar The Tamil Nadu Dr. MGR Medical University No. 69, Anna Salai Road, Guindy, Chennai - 600 032.
3. The Secretary Selection Committee, No. 162, E.V.R. Periyar Salai, Kilpauk, Chennai - 600 010.
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R. SURESH KUMAR, J.
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