Peter Van Geit (Belgian) v. Foreigners Regional Registration Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Peter Van Geit (Belgian) ... Petitioner Vs.

1.Foreigners Regional Registration Office, Bureau of Immigration, Shasthri Bhavan Annex, No.26, Haddows Road, Chennai.

2.The Inspector of Police, Kurangani Police Station, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st Respondent to grant Indian Visa to the petitioner based on his E-visa application ID No. 08122300ZZV4, dated 09.12.2023.

For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.K.Govindarajan DSGI for R1 : Mr.A.Albert James Government Advocate for R2 1/4

ORDER

Heard the learned counsel for the petitioner and the learned DSG for R1 and the learned Government Advocate for R2.

2. The petitioner is a Belgian national. He wanted to undertake a trekking expedition in Kurangani hills. There was a forest fire and a number of persons lost their lives. In this regard, Crime No.18 of 2018 was registered on the file of the respondents. The case was charge sheeted and the case is presently pending trial. The petitioner's visa period has already expired. The petitioner therefore seeks grant of Indian visa based on his application dated 09.12.2023.

3. The learned DSGI clarifies that it is only the Home Ministry that has to issue visa because the petitioner came to India on temporary landing permit. While I do understand the procedural formalities involved, the fact remains that the petitioner has to face trial. Therefore, the petitioner may be allowed to face the trial without any impediment.

4. The Writ Petition is disposed of accordingly. No costs. 18.12.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Inspector of Police, Kurangani Police Station, Theni District.

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G.R.SWAMINATHAN, J.

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