Sivamathan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Sivamathan S/o.Nagarajah, No.164, Singaravelar Nagar, Kasimedu, 3rd Street, Royapuram, Chennai- 600 013.

Petitioner(s) Vs.

1. The State Rep. by its The Foreigners Regional Registration Officer, Office of FRRO, Haddows Rd, Subba Road Avenue, Nungambakkam, Chennai- 600 006.

2.The Inspector of Police, N2 Kasimedu Police Station, Chennai- 600 013.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents on the basis of the petitioner's representation dated 20.06.2025 in accordance with law, direct the 1st respondent to issue necessary Police Clearance Certificate and EXIT permit at the earliest and facilitate his safe, lawful and dignified return to his home country, Sri Lanka, without any further delay, suffering, or procedural impediments.

For Petitioner(s):

Mr.R.Sankara Subbu For Respondent(s):

Mrs.S.S.Meenakumary Senior Panel Counsel For R1 Mr.V.Meganathan Govt. Advocate (Crl.Side) For R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to act upon the representation made by the petitioner on 20.06.2025 and to grant exit permit to the petitioner in order to facilitate his return to his home country Srilanka, without any further delay. 2.

When the writ petition came up for hearing on 15.07.2025, this Court directed the learned Government Advocate appearing on behalf of the 2 nd respondent to verify as to whether any criminal case has been registered against the petitioner. When the matter was taken up for hearing today, it was informed to this Court that there is no FIR pending against the petitioner. 3.

The learned Senior Panel Counsel appearing on behalf of 1 st respondent submitted that request made by the petitioner is pending before the st respondent and if all the relevant papers are available, the 1 st respondent will take a decision.

4.

In the considered view of this Court, the visa of the petitioner has expired on 19.12.2023 and therefore, the petitioner has to be sent back to the

home country at the earliest. The only requirement is to see as to whether there are any criminal cases pending against the petitioner and it is now confirmed that there is no criminal case against the petitioner and therefore, there shall be a direction to the 1 st respondent to process the application and issue the exit permit in order to enable the petitioner to return back to the home country Srilanka. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. The 1 st respondent shall take note of this order passed in the writ petition and need not insist for a separate No objection certificate from the police.

5.

This writ petition is disposed of with the above directions. No costs.

22-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The State Rep. by its The Foreigners Regional Registration Officer, Office of FRRO, Haddows Road, Subba Road Avenue, Nungambakkam, Chennai- 600 006.

2.The Inspector of Police, N2 Kasimedu Police Station, Chennai- 600 013.

N.ANAND VENKATESH J.

rka 22-07-2025