Jenesis v. The Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Jenesis ... Petitioner vs.

1.The Government of India, Represented by its Secretary to Government, Ministry of External Affairs, Government of India, South Block, New Delhi - 1.

2.The District Collector, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 26.04.2024 for grant of Indian Citizenship within a period that may be stipulated by this Court. 1/6

For Petitioner : Mr.S.M.Arun Kumaar For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R.1 : Mr.P.Thilak Kumar Government Pleader for R.2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this Writ Petition is for a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner, dated 26.04.2024 for the grant of Indian Citizenship within a period stipulated by this Court.

2.Heard Mr.S.M.Arun Kumaar, learned counsel appearing for the petitioner, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the first respondent and Mr.P.Thilak Kumar, learned Government Pleader appearing for the second respondent. 2/6

3.The learned Deputy Solicitor General of India has submitted that the proper authority to deal with the grant of citizenship under the Citizenship Act, 1955, is only the Home Ministry of the Government of India, not the External Affairs Ministry. Therefore, the Home Ministry since is not a party here, no direction can be given to the External Affairs Ministry. He would also submit that since the representation has been given by the petitioner to the second respondent seeking Citizenship that may not be the proper procedure to be adopted by the petitioner for seeking citizenship. If at all the petitioner wants to have citizenship of India for which she is entitled to, according to her, she shall give such an application to the Ministry of Home Affairs, Government of India to the authorized officer in a proper format.

4.Having regard to the said stand taken by the learned Deputy Solicitor General of India who is appearing for the first respondent, we are inclined to pass the following order in this Writ Petition: 'That it is open to the petitioner to make a proper application in a proper format to the concerned authority, under the Citizenship Act, of the Ministry of Home Affairs, Government 3/6

of India and if any such application is filed, it is for the said authority to decide the same, on merits and in accordance with law.'

5.With these observations, this Writ Petition is dismissed. However, there shall be no order as to costs. [R.S.K.,J.] [G.A.M.,J.] 14.06.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Secretary to Government, Represented by the Government of India, Ministry of External Affairs, Government of India, South Block, New Delhi - 1.

2.The District Collector, Madurai District.

5/6

R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 14.06.2024 6/6