T.Ganesan v. Shri. Ajay Kumar Bhalla

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN T.Ganesan Sri Lankan Regugee Camp, Iruboothipatty, Sivayam Post, Krishnarayapuram Taluk, Karur District 624 002 .. Petitioner v.

Shri.Ajay Kumar Bhalla, Secretary to the Government, Ministry of Home Affairs, Government of India, North Block, New Delhi - 110 001.

.. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondent for committing contempt on disobeying the order dated 16.08.2021 passed by this Court in W.P.No.11790 of 2021.

For Petitioner : Mr.I.Romeo Roy Alfred For Respondent : Mr.Rabu Manohar, Senior Central Government Counsel

ORDER

This Court, by order dated 16.08.2021, disposed of the writ petition in WP.No.11790 of 2014, directing the first respondent to consider the 1/3

petitioner's representation dated 23.01.2021 with respect to confirm the petitioner and his family citizenship as Indians and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Since the said direction was not complied with, within the time stipulated by this court, the petitioner has come up with this contempt petition.

2.The learned Senior Central Government Counsel appearing for the respondent produced a copy of the order in F.No.26030/10/2021-IC-I dated 11.02.2022, issued by the first respondent, wherein, it is inter alia stated as follows:

"4.AND WHEREAS, the evidences made available by applicant/petitioner enclosed with the representation dated 23.01.2021 of Shri T.Ganesan, are inconclusive and insufficient to determine that he is a citizen of India.

5.AND THEREFORE, after due consideration of the representation dated 23.01.2021 and on examination of available records and in view of comments of Assistant High Commission of India at Kandy that photograph affixed in the passport copy seems to be that of a far younger person, this Ministry is unable to come to a conclusion of citizenship of petitioner. Therefore, the representation dated 23.01.2021 made by Shri T.Ganesan is disposed and the applicant / petitioner is directed to submit conclusive evidence of his acquiring Indian 2/3

Citizenship."

The learned counsel further submitted that a copy of the said order has also been addressed to the petitioner and hence, nothing survives for adjudication in this contempt petition.

3.In view of the above, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to approach the authority concerned with necessary documentary evidence of his acquiring Indian citizenship.

4.Granting such liberty to the petitioner, this contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) av //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/28/03/2022 To The Secretary to the Government, Ministry of Home Affairs, Government of India, North Block, New Delhi - 110 001.

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