Mr.Sabeeer Ahamed v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.22142 of 2024 Sabeer Ahamed ... Petitioner -vs1. The Union of India Rep. By its Secretary, Ministry of Home Affairs, North Block, New Delhi- 110 001.

2. Foreigners Regional Registration officer, FRRO - Chennai, No.26, Shastri Bhavan Annex Building, Haddows Road, Nungambakkam, Chennai-600 006.

3. Chief Immigration Officer, Bureau of Immigration, No.26, Shastri Bhavan Annex Building, Haddows Road, Nungambakkam, Chennai- 600 006.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the respondents to return the overseas citizen of India (OCI) card of the petitioner bearing No.OCI Number (A646065) confiscated by the 3rd respondent on 26.11.2022. For Petitioner(s) :

Mr. P.V.Balasubramanian, Sr.C.

For Respondent(s) :

Mr.B.Rabu Manohar 1/4

O R D E R

By consent of both parties, the Writ Petition is taken up for final hearing at the admission stage itself.

2. This petition has filed seeking a direction to the respondents to return the Overseas Citizen of India (OCI) Card of the petitioner bearing No.OCI Number (A646065) confiscated by the 3rd respondent on 26.11.2022.

3. It is the case of the petitioner that the petitioner was born in India and has completed his schooling and college in Tamil Nadu. He joined as a consultant in an IT Company based in Singapore in 2000 and subsequently, he became a citizen of the republic of Singapore in the year 2010. He was registered as an Overseas Citizen of India and was issued OCI Card Number on 12.08.2010. When the petitioner came to India on 13.10.2023 to attend the funeral of his father, he produced the OCI card to the third respondent and the same was confiscated it by the third respondent and he refused to return it, for which, the petitioner sent several e-mail to the respondents and however, till date, they have not taken any steps. Hence, the petitioner has filed the present petition before this Court.

4. The learned counsel for the petitioner submitted that this Court may 2/4

issue a directions to the respondents to furnish the order if any passed against the petitioner within the time stipulated by this Court.

5. The learned counsel for the respondents submitted that appropriate communication will be sent for not permitting the petitioner for entering into India within the reasonable time as fixed by this Court.

6. Heard the learned counsel for the petitioner and the learned Counsel appearing for the respondents and perused the materials available on record.

7. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the 3rd respondent to send proper reply to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs. 07.08.2024 Rli M.DHANDAPANI, J.

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Rli Index: Yes/No NCS : Yes/No To

1. The Union of India Rep. By its Secretary, Ministry of Home Affairs, North Block, New Delhi- 110 001.

2. Foreigners Regional Registration officer, FRRO - Chennai, No.26, Shastri Bhavan Annex Building, Haddows Road, Nungambakkam, Chennai-600 006.

3. Chief Immigration Officer, Bureau of Immigration, No.26, Shastri Bhavan Annex Building, Haddows Road, Nungambakkam, Chennai- 600 006.

W.P. No.22142 of 2024 07.08.2024 4/4