Kalaiselvy v. Foreigners Regional Registration Office (Frro)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kalaiselvy ..... petitioner Vs.
1.Foreigners Regional Registration Office ("FRRO") Bureau of Immigration, Haddows Road, Nungambakkam, Chennai - 600 006, Tamil Nadu.
2.Union of India, Ministry of External Affairs, Rep by its Chief Secretary, Central Registry, South Block, Secretariat building, New Delhi.
..... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider his representation dated 09.09.2024 to issue Exit permit in the Application ID Number 0508247D8W5T in accordance with law within stipulated time or suitable orders.
For petitioner : Mr.S.Arivazhagan 1/6
For Respondents :Mr.K.Gangadaran (CGC)
O R D E R
This writ petition is filed seeking a direction to the respondents 1 and 2 to consider his representation dated 09.09.2024 to issue Exit permit in the Application ID Number 0508247D8W5T in accordance with law.
2. It is the case of the petitioner that she is a Malaysian citizen and she came to India in the year 1998 in tourist visa. In the year 2003, the petitioner married an Indian Citizen viz., R.Subramanian. Subsequently, the marriage of said Subramanian was dissolved by the decree for divorce passed by the Competent Court in HMOP.No.328/2013. The petitioner's passport expired in the year 2016. When the petitioner planned to move out of India, she was met with the road accident in the year 2018, which resulted in memory loss and the petitioner recovered only in the year 2023. Subsequently, the petitioner appeared to have moved the Consulate General of Malaysia and got her travel documents in the year 2024 and petitioner 2/6
applied for exit permit in ID Number 0508247D8W5T with necessary documents but the same has not been considered. Hence, the petitioner has come before this Court.
3. Mr.K.Gangadaran, learned counsel appearing for the first respondent on instructions from the first respondent would submit that the petitioner failed to co-operate during the personal hearing and also failed to produce substantial evidence, regarding the medical treatment received by her in India. The learned counsel further submits that if the petitioner co-operates with the first respondent during personal hearing the request of the petitioner will be processed. The learned counsel further submitted that the travel documents issued by Malaysian Consulate got expired and it is for the petitioner to renew the same and appear for personal enquiry before the first respondent.
4. In view of the said statement made by the learned counsel appearing for the first respondent, the petitioner is directed to renew the travel documents with Malaysian Consulate and intimate the same to the first respondent within a period of four weeks from the date of receipt of 3/6
copy of this order. Thereafter, the first respondent shall fix a date of personal hearing and intimate the same to the petitioner by prior notice. The petitioner shall appear before the first respondent on the date of enquiry with all details to enable the first respondent to process the application submitted by the petitioner in ID Number 0508247D8W5T. The first respondent shall complete the enquiry and pass final orders within a period of four weeks from the date of enquiry.
5. With these direction, the writ petition stands disposed of. No costs.
18.12.2024 Index : Yes/No Speaking order:Yes/No ub To 1.Foreigners Regional Registration Office ("FRRO") 4/6
Bureau of Immigration, Haddows Road, Nungambakkam, Chennai - 600 006, Tamil Nadu.
2.Union of India, Ministry of External Affairs, Rep by its Chief Secretary, Central Registry, South Block, Secretariat building, New Delhi.
S.SOUNTHAR, J.
ub 5/6
18.12.2024 6/6