Gajendiran v. The Union Of India

2024:MHC:2192

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH Gajendiran .. Petitioner vs 1.The Union of India Rep. By its Secretary, Ministry of Home Affairs, NDCC II Building, Jaisingh Road, New Delhi - 110 001.

2.The Union Territory of Puducherry, Rep. By its Under Secretary to Government, Home Department, Government of Puducherry, Puducherry.

3.The Revenue Officer, Office of the District Collector cum District Magistrate, Government of Puducherry, Puducherry.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 1st respondent to consider my citizenship application in MHA File Number : 2017020121 dated 16.03.2017 and pass order within the time frame by this Court. For Petitioner :

Mr.L.Romeo Roy Alfred For Respondents :

Dr.G.Babu, SPC, for R1 Mr.A.Tamilvanan Additional Government Pleader (P) for R2 1/4

ORDER

The petitioner is a Sri Lankan refugee, who claims to be presently residing at Puducherry. After his entry into India in 1990, he has, while staying at the Keezhputhupet Rehabilitation Camp at Villupuram, studied B.Sc(Maths) and M.B.A. On 01.02.2008, he married an Indian and they have a child who is aged 9 years. Thus, as on date of institution of writ petition, he claims to be a resident in India for more than 32 years.

2. He has made an application on 16.03.2017 online, for grant of citizenship under the Citizenship Act, 1955 (in short, 'Act'). He has received a defect memo on 29.08.2018, which he claims to have complied with as well. Thereafter, he has been seeking consideration of his application but to no avail. Hence, this writ petition seeking a direction to the second respondent to consider his application dated 16.03.2017.

3. Learned respondent counsel would admit to receipt and pendency of the application. However, the hurdle is that the name of the petitioner is 'Gajendiran' whereas in the refugee certificate issued by the Rehabilitation Department of the Government of Tamil Nadu, his name is stated to be 'R.Gajendrakumar'.

4. Be that as it may, let the first respondent process the application, calling upon the petitioner to furnish such clarifications as are deemed necessary, including in regard to the discrepancy in the name, as noted supra. After obtaining the requisite details and hearing the petitioner in person, let an order be passed on the application either accepting the 2/4

same or if rejected, by way of a speaking order, in accordance with law and applicable rules and regulations within a period of twelve weeks from the date of receipt of a copy of this order.

5. Writ petition is ordered in the above terms. No costs. 06.06.2024 Index:Yes/No ssm To 1.The Secretary, Ministry of Home Affairs, NDCC II Building, Jaisingh Road, New Delhi - 110 001.

2.The Under Secretary to Government, Union Territory of Puducherry, Home Department, Government of Puducherry, Puducherry.

3.The Revenue Officer, Office of the District Collector cum District Magistrate, Government of Puducherry, Puducherry.

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DR. ANITA SUMANTH,J.

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