Vidya Jayakumar v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.19251 of 2022 Vidya Jayakumar ... Petitioner -Vs - The Regional Passport Officer, Regional Passport Office, Rayala Towers, No.2 & 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai - 600002.

... Respondent Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to immediately release the passport of the petitioner and consequently direct the respondent to issue immigration certificate to the petitioner. For Petitioner : Mr.A.M.Venkata Krishnan For Respondent : Mr.R.Subramanian Additional Central Government Standing Counsel

ORDER

This writ petition has been filed for direction directing the respondent to release the petitioner's passport which was already impounded by the respondent.

2.

The petitioner is a Sri Lanka citizen and she was born on 28.02.1973. Thereafter she was came to India as refugee in the year 1987 and also got married an Indian on 08.07.1992. Thereafter, the petitioner obtained passport and periodically renewed the same. However, when the petitioner applied for Police Clearance Certificate with passport during the month of July 2021, the respondent impounded the passport of the petitioner, since she was born in Sri Lanka. Hence, the petitioner approached this Court by way of this present writ petition. 3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.

Admittedly, the petitioner was not declared as Indian, even she got married with Indian. Therefore, the petitioner ought to have applied for citizenship under the Citizenship Act, 1955 and thereafter

applied for fresh passport. Accordingly, the petitioner is directed to apply for citizenship under the Citizenship Act and thereafter apply for fresh passport. On such application, the respondent is directed to consider the application and issue fresh passport on merits and in accordance with law.

5.

With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.

06.06.2024 Index : Yes/No Speaking/Non Speaking order rts To The Regional Passport Officer, Regional Passport Office, Rayala Towers, No.2 & 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai - 600002.

G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.19251 of 2022 06.06.2024