Fathima Farzana Markar@ Fathima Farzana Shihab v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.14656 & 14657 of 2023 and W.M.P.(MD).Nos.12372 & 12375 of 2023 W.P.(MD).No.14656 of 2023 Fathimafarzanamarkar @ Fathimafarzanashihab

...Petitioner

Vs.

1.The Union of India, Represented by its Principal Secretary.

3.The State of Tamil Nadu, Rep. by its Secretary, Public (Foreigners - II) Department, ... Respondents 1/6

W.P.(MD).No.14657 of 2023 Mohammed Shihab @ Muhammad Shihab

...Petitioner

Vs.

1.The Union of India, Represented by its Principal Secretary.

3.The State of Tamil Nadu, Rep. by its Secretary, Public (Foreigners - II) Department, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, forbearing the Respondents from deporting the Petitioner and his children to Srilanka on the consideration of the Criminal Case in S.T.C.No.507 of 2020 convicted on the file of the Learned District Munsif cum Judicial Magistrate, Vedaranyam, Nagapattinam District till the process of issuance of VISA by the Embassy of Australia and direct the respondents to deport the petitioner 2/6

and her children to Australia after issuance of VISA by the Australian Embassy.

In Both Writ Petitions For Petitioners : Mr.K.R.Badurus Zaman For R-1 & R-2 : Mr.K.Govindarajan, Deputy Solicitor General of India For R-3 to R-6 : Mr.A.Albert James Government Advocate (Criminal Side) COMMON

ORDER

Both these Writ Petitions have been filed for the issue of Writ of Mandamus forbearing the respondents from deporting the petitioners and their family members on the basis of the judgment passed in S.T.C.No. 507 of 2020 by the learned District Munsif cum Judicial Magistrate, Vedharanyam, till the process of issuance of visa is considered and given by the Embassy of Australia.

2. Heard the learned counsel on either side.

3. In the considered view of this Court, the present Writ Petitions have been filed without any semblance of legal right. A Writ of Mandamus can be issued only if the petitioner establishes a legal right 3/6

and a corresponding legal duty on the part of the respondents. Admittedly, the petitioners have been convicted for the offence under Section 12(1)(c) of the Passport Act, 1967 in S.T.C.No.507 of 2020 by the learned District Munsif cum Judicial Magistrate, Vedharanyam and they have been sentenced to undergo two months Simple Imprisonment and to pay fine. Under such circumstances, the petitioners seem to be taking steps to go to Australia and they have also applied for a visa. It is not known with which passport they will be applying for such a visa to go to Australia. That apart, their very stay in India is now in question and presently, they are made to stay at Trichy camp pursuant to the Government Order passed in G.O.(1D).No.104, Public (Foreigners-II) Department, dated 05.03.2021.

4. The relief sought for in these Writ Petitions are mis-conceived and this Court does not see any merit in these Writ Petitions and accordingly, the same stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. -08.11.2024 Index :Yes/No Internet : Yes/No TSG 4/6

To 1.The Principal Secretary, Union of India, 3.The Secretary, Public (Foreigners - II) Department, State of Tamil Nadu, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH.J., TSG Common Order made in Dated :

08.11.2024 6/6