Mano Bichemane v. The Deputy Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.33844 of 2024 Mano Bichemane
...Petitioner
Vs.
1. The Deputy Secretary to Government Ministry of Home Affairs, North Block, New Delhi-110 001.
2. The Chief Immigration Officer No.26, Shashtri Bhavan Annex Haddows Road, Nungambakkam, Chennai-600 034.
3. The Foreigners Regional Registration Officer (FRRO) Bureau of Immigration, (MHA) Government of India Chennai-600 006.
4. The Airport Director Chennai International Airport Meenampakkam, Chennai-600 027 ..Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the 3rd respondent to consider petitioner's representation dated 02.03.2023 within time frame to be fixed by this Court.
For Petitioner : Mr.V.Moorthi For Respondents 1 to 3 : M/s.J.Priscilla Pandian Standing Counsel
O R D E R
The petitioner herein seeks a direction to 3rd respondent to consider his representation dated 02.03.2023 within a time stipulated by this Court.
2. It is the case of the petitioner that in the year 1996, he was detained by Madras Air Force Immigration Authorities under COFEPOSA Act, 1974 for alleged possession of gold coins. Thereafter, he was not allowed to reside in India and therefore, he entered India as an illegal entrant. He was arrested by Puducherry Police on 18.12.2013 and deported to France. In these circumstances, the 1st respondent passed an order blacklisting the petitioner and banning his entry into India. The same was questioned by him by filing writ petition in W.P.No.16478 of 2019 and this Court directed the 1st 2/5
respondent to consider the case of the petitioner and pass appropriate orders. Subsequently, his request to enter into India was rejected by the 1st respondent citing the illegal activities and hence, the petitioner was blacklisted till 28.02.2023. The said order was challenged by the petitioner before this Court in W.P.No.8963 of 2021 and the same was disposed with direction to the petitioner to make a fresh representation to the respondent after expiry of ban period. Now, in view of the expiry of the ban period on 28.02.2023, the petitioner submitted a fresh representation on 02.03.2023 and the said representation has not been considered by the competent authority namely the 3rd respondent till date. Aggrieved by the same, the petitioner has come before this Court.
3. M/s.J.Priscilla Pandian, learned Standing Counsel, who takes notice for the respondents 1 to 3 submits that the representation submitted by the petitioner will be considered on its' own merits and final orders will be passed.
4. In view of the same, without going into the merits of the claim made by the petitioner, the 3rd respondent is directed to consider the representation of the petitioner dated 02.03.2023 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order. 3/5
5. With the above directions, this writ petition stands disposed of. No costs.
19.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The Deputy Secretary to Government Ministry of Home Affairs, North Block, New Delhi-110 001.
2. The Chief Immigration Officer No.26, Shashtri Bhavan Annex Haddows Road, Nungambakkam, Chennai-600 034.
3. The Foreigners Regional Registration Officer (FRRO) Bureau of Immigration, (MHA) Government of India Chennai-600 006.
4. The Airport Director Chennai International Airport Meenampakkam, Chennai-600 027 4/5
S.SOUNTHAR , J.
nr W.P No.33844 of 2024 19.11.2024 5/5