Ahamed Jabir Dastageer Thaika Najeem v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.11.2024

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR Ahamed Jabir Dastageer Thaika Najeem .. Petitioner Vs.

1.Union of India Rep. by its Secretary to Government, Ministry of External Affairs, Government of India, New Delhi.

2.Bureau of Immigration, Haddows Road, Thousand Lights West, Thousand Lights, Chennai 600 008.

3.The Regional Passport Officer, Ministry of External Affairs, Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to give administrative clearance to the office of the Consulate General of India 1/6

Hong Kong for issue of Passport Surrender and Renunciation Certificate to the petitioner.

For Petitioner : Mr.R.Maheshwari For Respondents : Ms.R.Durga Rani Central Government Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to give administrative clearance to the office of the Consulate General of India, Hong Kong for issue of Passport Surrender and Renunciation Certificate to the petitioner.

2.The petitioner herein seeks a direction to the respondents to give administrative clearance to the Office of Consulate General of India, Hong Kong for issue of Passport Surrender and give certificate within the time frame.

3.It is case of the petitioner that he is the holder of Indian Passport No.P7127874 issued by the 3rd respondent. Now the petitioner requires foreign nationality in Hong Kong and hence, he requires to surrender Indian 2/6

Passport and sought for surrender certificate. The petitioner was informed by the Consulate General on India that his application is under process by the authorities in India. Further, even after the laps of several months, the petitioner has not been issued with surrender certificate. Therefore, the petitioner has come before this Court with the above mentioned prayer. 4.The respondents 1 and 3 filed counter affidavit stating that at the time of surrender of Passport, the petitioner failed to submit the application for the renunciation of Indian citizenship as per the prescribed guidelines. Subsequently, the petitioner submitted the application for renunciation through online on 23.08.2024 and the same is under process. 5.Heard the learned counsel appearing for the petitioner and Ms.R.Durga Rani, learned Central Government Standing Counsel apeparing for the respondents.

6.In view of the stand taken by the 3rd respondent, the petitioner submitted that the application for renunciation of Indian Citizenship only on 3/6

23.08.2024, the respondents are directed to complete the process and intimate their clearance for issue of surrender certificate to the Consulate General of India at Hong Kong within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs. 25.11.2024 rst Index : Yes/No Internet: Yes/No Speaking/Non-Speaking Order To:

1.Union of India Rep. by its Secretary to Government, Ministry of External Affairs, Government of India, New Delhi.

2.Bureau of Immigration, Haddows Road, Thousand Lights West, Thousand Lights, Chennai 600 008.

3.The Regional Passport Officer, Ministry of External Affairs, Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

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S.SOUNTHAR, J.

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